These Terms of Service govern your use of the BioForge website and, if you buy from us, your commercial relationship with BioForge LLC. Please read them carefully and keep a copy.
This website is not medical advice. Nothing here creates a doctor-patient relationship. That relationship begins only after you are evaluated by a licensed provider and sign the clinical consent documents.
There are no memberships and no subscriptions. BioForge does not bill on a recurring basis, does not automatically renew anything, and keeps no standing charge on your card. You pay once for what you buy, when you buy it. See Section 9.
Most commercial disputes go to individual arbitration instead of court, and you may opt out within 30 days. See Section 22.
Nothing in these Terms limits your right to bring a medical malpractice claim, or reduces the damages you could recover on one. Clinical claims are expressly carved out of the arbitration provision, the liability limits, and the release.
1Acceptance of These Terms
These Terms of Service (the "Terms") are a binding agreement between you and BioForge LLC, a Florida limited liability company ("BioForge," "we," "us," "our"). They apply to your access to and use of the website at bioforge.health and any subdomain, page, form, or portal we operate (together, the "Site"), and to your purchase or use of any Service, product, or non-clinical service we offer.
By accessing the Site, submitting a form, creating an account, or purchasing any Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.
These Terms govern the commercial and website relationship only. They do not govern clinical care. See Section 7.
2Definitions
- "Clinical Documents" means the Informed Consent, Telehealth Informed Consent, HIPAA Notice of Privacy Practices, HIPAA Authorization, Financial Policy & Payment Agreement, and Assumption of Risk, Release, and Arbitration Agreement that you sign before receiving care.
- "Provider" means a physician, advanced practice registered nurse, physician assistant, or other healthcare professional who is licensed in the applicable state and who is engaged by or affiliated with BioForge to evaluate and treat clients.
- "Purchase" means a one-time, prepaid order for a Service, panel, or product described on the Site or in a written order confirmation. BioForge does not offer memberships or subscriptions, does not enroll you in any recurring plan, and does not bill on a recurring basis.
- "Services" means the consultations, diagnostic panels, protocol design, coaching, education, products, and administrative and support services BioForge itself provides. Services do not include the practice of medicine, which is performed solely by Providers.
- "Content" means all text, graphics, images, video, audio, data, protocols, software, and other material made available on or through the Site.
- "you" means the individual accessing the Site or purchasing any Service.
3Eligibility
To use the Site or purchase any Service, you represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into a binding contract. BioForge does not knowingly provide Services to, or collect information from, anyone under 18. If we learn that we have collected information from a person under 18, we will delete it.
- All information you provide to us — including your identity, contact details, medical history, medications, and payment information — is true, accurate, current, and complete, and you will keep it updated. Providing false or incomplete health information may make treatment unsafe and is grounds for immediate termination.
- You will maintain one account per person. You may not create multiple accounts, share your account, create an account on behalf of another person without authorization, or create an account after we have suspended or terminated a prior one.
- You are not barred from receiving the Services under any applicable law, and you are not located in a jurisdiction where our offering of the Services would be unlawful.
- To receive clinical care, you are physically located in a state where your Provider is licensed at the time of each encounter. BioForge currently operates in Florida. Eligibility for clinical care is determined by the Provider, not by BioForge, and is subject to clinical judgment.
Meeting these criteria does not entitle you to Services. Client capacity is limited, applications are reviewed individually, and we or a Provider may decline any application for any lawful reason.
4Services and Pricing
BioForge is a Miami-based, clinician-directed wellness and performance company operating on a direct-pay ("cash-pay") basis. We do not bill, accept, or coordinate with any insurance, and we do not participate in Medicare, Medicaid, or any other federal or state healthcare program. Amounts you pay us will generally not be reimbursable by your insurer, and you are solely responsible for them.
4.1 How you buy
BioForge sells on a one-time, pay-as-you-go basis. There are no membership tiers, no subscriptions, no enrollment fee, and no recurring charge of any kind. You buy each step when you are ready for it — the consultation, the panel, the protocol — and nothing bills again unless you choose to buy again.
Each Service, diagnostic panel, and product is priced individually. Current prices are shown on the Site and confirmed in the written order confirmation presented to you before you pay. Depending on what you purchase, a Service may include intake and evaluation, diagnostic laboratory panels, protocol design, Provider oversight for a stated period, clinical messaging, coaching, and educational material. What is included is stated in that order confirmation.
4.2 What a purchase does not include
- Medications and pharmacy costs are billed separately unless your written order confirmation expressly says otherwise. Compounding pharmacies and laboratories are independent third parties and set their own prices.
- A purchase does not guarantee that any particular therapy, compound, dose, or protocol will be prescribed to you. All prescribing decisions rest with the Provider and depend on clinical evaluation. If a Provider declines to prescribe, Section 10 governs what is refundable.
- A purchase is not insurance, not a health plan, not a discount medical plan organization, and not a warranty of any health outcome.
- Buying one Service does not obligate you to buy another, and declining a recommendation does not affect your access to what you have already paid for.
4.3 Changes to offerings
We may add, modify, suspend, or discontinue any Service, program, product, or feature at any time. A change never affects a Service you have already paid for: whatever you purchased is delivered on the terms in effect when you bought it, or refunded under Section 10. Price changes apply only to purchases made after the new price is posted — see Section 9.4.
5No Medical Advice on This Website
The content on this site is for general educational and informational purposes only. It is not medical advice, diagnosis, or treatment, and it is not a substitute for consultation with a qualified healthcare professional who knows your individual medical history.
Site Content — including descriptions of peptides, hormones, compounds, protocols, biomarkers, articles, menus, blog posts, FAQs, and marketing copy — is written for a general audience. It has not been tailored to you, no Provider has evaluated you when you read it, and it may not be appropriate or safe for your situation.
Accordingly:
- Browsing the Site, submitting a form, or purchasing any Service does not create a doctor-patient, provider-patient, or any other professional healthcare relationship. That relationship is formed only when a licensed Provider accepts you as a patient after evaluation, and only under the Clinical Documents.
- Do not start, stop, delay, or change any medication, supplement, dose, or treatment based on anything you read on the Site. Talk to your own physician first.
- We do not recommend or endorse any specific test, product, compound, procedure, or opinion appearing on the Site, and no Content should be read as a recommendation that you personally use it.
- Statements on the Site have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
- Any dosage, protocol, timeline, or biomarker range shown on the Site is illustrative only and is not a prescription or a clinical instruction to you.
Content is provided as of its publication date. Medicine, and the regulatory status of compounded substances in particular, changes rapidly. We do not undertake to keep all Content current, and Content may become inaccurate over time.
6Not for Emergencies
If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use this site, the client portal, email, or text messaging to seek emergency care.
The Site and our messaging channels are not monitored continuously and are not designed for urgent or emergent clinical needs. We do not provide emergency medical services, crisis intervention, or after-hours triage unless your written order confirmation expressly says otherwise. Response times quoted anywhere on the Site are targets for routine, non-urgent matters only and are not clinical guarantees.
If you are having thoughts of harming yourself, call or text 988 (the Suicide and Crisis Lifeline) or go to your nearest emergency room.
7Clinical Relationship and Controlling Documents
BioForge is a management and wellness company. BioForge does not itself practice medicine and does not employ Providers in a manner that permits it to direct clinical judgment. All medical evaluation, diagnosis, prescribing, and treatment is performed by independently licensed Providers or their professional entities, who are solely responsible for the clinical care they render and who exercise independent professional judgment.
Your clinical relationship is governed exclusively by the Clinical Documents you sign with the Provider and, where applicable, the Provider's own professional entity — not by these Terms.
7.1 Order of precedence
If there is a conflict between documents, the following order controls, from highest to lowest:
- Any mandatory requirement of applicable law;
- The Clinical Documents, as to any clinical matter, informed consent, privacy of health information, or claim of medical negligence;
- Your written order confirmation, as to price and what that price includes;
- These Terms, as to all other matters.
Nothing in these Terms modifies, waives, or limits any right you have under the Clinical Documents or under Florida law governing healthcare.
8Prescriptions and Compounded Medications
Some therapies discussed on the Site involve compounded preparations made by a licensed compounding pharmacy pursuant to an individual prescription. You acknowledge and agree that:
- Compounded medications are not reviewed or approved by the FDA for safety, effectiveness, or manufacturing quality in the same way as FDA-approved drugs.
- Some compounds may be prescribed for uses not approved by the FDA ("off-label"), and the scientific evidence for some therapies is preliminary, limited, or drawn primarily from animal or laboratory research.
- The legal and regulatory status of specific peptides and other bulk substances changes over time, including through FDA action on compounding lists. A therapy described on the Site may become unavailable, or may never have been available to you, and we may withdraw it without notice. We do not warrant the continued availability of any compound.
- No prescription is issued through the Site. Prescriptions are issued only by a Provider following clinical evaluation, at the Provider's sole discretion, and only where lawful.
- Compounding pharmacies, laboratories, imaging providers, and shipping carriers are independent third parties. We do not manufacture, compound, test, or dispense medications. Claims relating to the manufacture, purity, potency, labeling, or dispensing of a medication are against the responsible pharmacy or manufacturer.
- You will not resell, transfer, share, or redistribute any medication prescribed or dispensed to you, and you will store and dispose of it as directed.
BioForge does not sell prescription drugs, does not pay or receive compensation for referrals in exchange for prescribing, and does not engage in fee-splitting with any Provider or pharmacy.
9Fees, Payment, and Cancellation
9.1 Payment authorization
Fees are disclosed to you in writing before you are charged. By placing an order, you authorize BioForge and its payment processor to charge your designated payment method once, for the amount shown on that order, plus any applicable taxes. Each subsequent purchase requires a new authorization from you. We do not store a payment method for the purpose of charging it later without your action.
9.2 No subscriptions and no automatic renewal
BioForge does not sell memberships or subscriptions. Nothing you buy renews automatically. There is no billing period, no enrollment term, no auto-renewal, and nothing recurring to cancel. Your payment method is never charged again unless you place a new order.
Because no Service offered by BioForge is an automatic renewal or continuous service offer, the renewal-notice requirements of section 501.165, Florida Statutes, and comparable automatic-renewal laws in other states, do not apply to your purchases. If BioForge ever introduces a recurring offering, it will be presented separately, with its own express consent, disclosures, and cancellation mechanism, and it will not be applied to any purchase you made before that point.
9.3 Stopping, and canceling an order
You may stop at any time simply by not buying again. There is nothing to cancel and no notice required.
If you want to cancel an order you have already placed, stop an active protocol, or close your account, you can do it in writing at bioforge.health/account — no phone call, no retention interview, and no explanation is required. You may also email support@bioforge.health or call (305) 330-9519. We do not require a particular form of words.
What you have already paid for remains available to you on the terms you bought it under. Canceling does not by itself refund amounts already charged — see Section 10 — and it does not cancel a medication order already submitted to a pharmacy. If you are in active treatment, tell us, and we will notify your prescriber so your care can be transitioned safely.
9.4 Price changes
We may change our prices at any time. A price change never affects a purchase you have already made. The price you see and confirm at checkout is the price you pay, and there is no renewal at which a new price could be applied to you. Posted prices govern purchases made after they are posted.
9.5 Failed payments, late amounts, and disputes
If a payment fails, we may decline or hold the order until the balance is current, and may suspend access to Services you have not paid for. You are responsible for amounts you owe, and you agree to pay reasonable costs of collection actually incurred, including court costs and reasonable attorney's fees, only to the extent permitted by law. We will not report to consumer credit agencies without notifying you first. If you believe you were billed in error, contact us at support@bioforge.health within 60 days and we will investigate in good faith before pursuing collection.
9.6 Taxes
Prices exclude applicable sales, use, and similar taxes unless stated otherwise. You are responsible for any such taxes, other than taxes on our net income.
9.7 Relationship to the Financial Policy
Before receiving care you also sign a Financial Policy & Payment Agreement as part of your onboarding packet. It contains corresponding provisions on billing, cancellation, and refunds, and the two documents are intended to be read consistently. In the event of any conflict between them, the provision more favorable to you controls.
10Refunds
Please read. Because nothing recurs, there are no future charges to stop — but amounts already paid are not automatically returned. Services already delivered are not refundable, and medications already sent to the pharmacy cannot be refunded.
10.1 Compounded medications
Compounded preparations are made specifically for you pursuant to an individual prescription and cannot lawfully be returned to pharmacy stock or dispensed to anyone else. Medication charges are therefore non-refundable once the prescription has been submitted to the pharmacy, to the fullest extent permitted by law, and regardless of whether you subsequently cancel your order, discontinue treatment, decline delivery, or do not use the medication. This applies whether or not the medication has shipped.
10.2 Exceptions required by law or fairness
Section 10.1 does not apply where a refund is required by applicable law, and does not apply to a medication that is misfilled, damaged in transit, dispensed in error, or otherwise defective. In those cases contact us and we will assist you in obtaining a replacement or remedy from the responsible pharmacy.
10.3 Laboratory and third-party fees
Non-refundable once the service has been performed.
10.4 Services not yet rendered
Fees for a Service already delivered are non-refundable. Fees for a Service you have paid for but not yet received are refundable, in whole or pro-rated, at our discretion — exercised reasonably and in good faith. Cases where we would expect to refund in full: a Provider declines to treat you, you are found clinically ineligible, we discontinue the Service before delivering it, or you cancel before the work begins.
10.5 Your rights are preserved
Nothing in this Section limits any refund, cancellation, or chargeback right you have under applicable law, your cardholder agreement, or the Florida Deceptive and Unfair Trade Practices Act.
Refund requests: support@bioforge.health.
11Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Use a strong, unique password and enable multi-factor authentication where offered. Notify us immediately at support@bioforge.health if you suspect unauthorized access.
We are not liable for loss arising from unauthorized use of your account that results from your failure to safeguard your credentials. We may require you to reset credentials, or may suspend access, if we reasonably believe your account has been compromised.
Do not use another person's account, and do not permit anyone else to use yours. Because your account may contain protected health information, sharing it may expose your own medical information to others.
12Acceptable Use
You agree that you will not, and will not attempt to, and will not assist anyone else to:
- Use the Site for any unlawful purpose, or in violation of these Terms or any applicable law or regulation;
- Provide false, misleading, or incomplete information, including impersonating another person, misstating your age or location, or falsifying medical history;
- Obtain, attempt to obtain, resell, divert, or redistribute prescription medications, controlled substances, or any compound outside a lawful prescriber-patient relationship;
- Access, tamper with, probe, or scan any part of the Site, its servers, or any account, data, or network not intended for you, or circumvent any authentication, rate limit, or security measure;
- Introduce any virus, worm, malware, or other harmful code, or conduct any denial-of-service, credential-stuffing, or injection attack;
- Use any robot, spider, scraper, crawler, or automated means to access, monitor, index, or copy the Site or its Content, or extract data for training a machine-learning model, except as expressly permitted in writing or by our robots.txt;
- Copy, reproduce, republish, frame, mirror, sell, license, or create derivative works from the Content, except as permitted in Section 14;
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice;
- Reverse engineer, decompile, or disassemble any software on the Site, except to the extent that restriction is unenforceable under applicable law;
- Post or transmit any content that is unlawful, defamatory, harassing, threatening, obscene, hateful, or that infringes or misappropriates anyone's intellectual property or privacy rights;
- Upload, post, or transmit another person's protected health information or personal information without that person's authorization;
- Use the Site to send unsolicited commercial messages, or to collect other users' information for any purpose;
- Interfere with any other user's use of the Site, or with the proper working of the Site;
- Use the Site or Content for competitive intelligence, benchmarking, or to build a competing product or service.
We may investigate and take any lawful action we consider appropriate for a suspected violation, including removing content, suspending or terminating your account, and reporting the matter to law enforcement.
13Your Content and Feedback
You retain ownership of any content you submit to the Site that is not protected health information — for example, a review, testimonial, photograph, or forum post ("User Content"). By submitting User Content, you grant BioForge a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, publish, display, and distribute it in connection with operating and promoting the Services, for as long as you leave it posted plus a commercially reasonable period thereafter. You may revoke this license as to future use by asking us to remove the User Content; we will do so within a reasonable time, though copies may persist in backups or where already distributed.
You represent that you own or control all rights in your User Content, that it is accurate, and that its use by us will not violate these Terms or any third party's rights. Do not submit anyone else's health information, and be aware that anything you post publicly about your own treatment will no longer be private.
Protected health information you provide for clinical purposes is not User Content. It is handled under HIPAA, our Notice of Privacy Practices, and the Clinical Documents — not under this Section.
If you send us feedback, suggestions, or ideas, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without compensation, credit, or obligation to you. Do not send us anything you consider confidential.
Copyright complaints. If you believe material on the Site infringes your copyright, send a notice with the elements required by 17 U.S.C. Section 512(c)(3) to our designated agent at legal@bioforge.health. We will respond consistent with the Digital Millennium Copyright Act, and we may remove material and terminate repeat infringers.
14Intellectual Property
The Site and all Content are owned by BioForge LLC or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.
14.1 Trademarks
BIOFORGE, the BioForge hexagonal mark and logo, and any BioForge taglines, program names, and protocol names are trademarks and service marks of BioForge LLC, whether or not registered. You may not use them — including in a domain name, handle, ad keyword, metadata, or anything likely to cause confusion — without our prior written permission. Third-party names and marks appearing on the Site belong to their owners and are used for identification only; their appearance does not imply any endorsement, affiliation, or sponsorship.
14.2 Limited license to you
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the Site and, if you are a member, to view and download the protocols and educational materials made available to you, solely for your own personal, non-commercial use in connection with your own care. This license does not permit you to copy, distribute, publicly display, resell, sublicense, or commercially exploit any Content, and it ends automatically when these Terms end.
14.3 Our license to nothing else
Nothing in these Terms transfers ownership of any Content to you, and no license is granted by implication, estoppel, or otherwise.
15Third-Party Sites and Services
The Site may link to or integrate third-party websites, laboratories, pharmacies, scheduling tools, payment processors, wearables, and other services. Those are operated by independent parties under their own terms and privacy policies. We do not control them, we do not endorse them merely by linking, and we are not responsible for their content, availability, accuracy, security, products, or acts and omissions. Your dealings with them are between you and them. Review their terms before you use them.
16Privacy and Health Information
Our Privacy Policy explains what information we collect through the Site and how we use it, and is incorporated into these Terms by reference.
Protected health information is treated separately and more protectively. Health information you provide in the course of clinical care is governed by HIPAA, our Notice of Privacy Practices, and your signed HIPAA Authorization — not by these Terms and not by the general Privacy Policy. Where the two could conflict, the Notice of Privacy Practices controls as to protected health information.
We do not sell your protected health information. We do not use protected health information for advertising or marketing without your written authorization where one is required. We contract with vendors who may handle protected health information on our behalf only under Business Associate Agreements.
Please do not send protected health information through unsecured channels such as ordinary email, SMS, social media messages, or website contact forms. Use the client portal or another secure channel we designate.
17Electronic Communications
17.1 Consent to electronic records and signatures
You consent to receive these Terms, the Clinical Documents, notices, disclosures, billing statements, and other communications from us electronically, and you agree that your electronic signature and electronic assent have the same legal effect as a handwritten signature under the federal E-SIGN Act and Florida's Uniform Electronic Transaction Act. You may request a paper copy of any record at no charge, and you may withdraw this consent, by contacting support@bioforge.health. Withdrawing consent may prevent us from providing some Services electronically. To receive electronic records you need a current browser, a valid email address, and the ability to view and save PDF files.
17.2 Email and text messaging
If you provide a mobile number and opt in, we may send you appointment, refill, billing, and service messages by SMS. Consent to marketing texts is not a condition of purchasing anything. Message and data rates may apply, frequency varies, and you can opt out at any time by replying STOP or by contacting us. Reply HELP for help. We cannot guarantee the security or delivery of SMS or email, and standard messages are not encrypted.
17.3 Recording
Telehealth encounters are not recorded unless you are told and, where required, you consent. Do not record a Provider or staff member without their consent.
18Testimonials and Results
Any testimonial, review, case study, before-and-after image, biomarker change, or result described on the Site reflects one individual's experience and is not typical, expected, guaranteed, or representative of what you should expect. Individual results vary widely based on genetics, baseline health, adherence, diet, training, sleep, age, and factors outside anyone's control.
We do not pay for testimonials without disclosing that fact. Where a person providing a testimonial received any compensation, discount, or free service, or has any material connection to BioForge, that connection is disclosed alongside the testimonial in accordance with the FTC's Endorsement Guides. We do not suppress negative reviews of our Services or condition any benefit on a favorable review.
No one at BioForge guarantees any specific health, performance, body-composition, or longevity outcome.
19Disclaimer of Warranties
This Section applies to the Site and to non-clinical Services. It does not apply to clinical care — see Section 19.2.
19.1 Website and non-clinical Services
The site, the content, and all non-clinical services are provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, BioForge disclaims all warranties, express, implied, and statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting the above, we do not warrant that the Site will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Site or its servers are free of harmful components; or that the Content is accurate, complete, current, or reliable. You use the Site at your own risk and are responsible for your own devices, connectivity, and data.
19.2 What this disclaimer does not cover
Nothing in this Section 19 disclaims, limits, or affects any duty of care owed to you by a licensed Provider, any warranty that cannot be disclaimed under Florida law, or any claim for medical negligence, gross negligence, willful misconduct, fraud, or personal injury caused by a defective product. Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you.
20Limitation of Liability
This Section applies to the Site and to non-clinical Services. Read Section 20.3 carefully — it preserves your clinical claims in full.
20.1 Exclusion of indirect damages
To the fullest extent permitted by law, BioForge and its members, managers, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or relating to the site, the content, or any non-clinical service, regardless of the theory of liability and even if we were advised of the possibility of such damages.
20.2 Cap on non-clinical liability
To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the site, the content, or any non-clinical service will not exceed the greater of (a) the total amount you paid to BioForge in the twelve months immediately before the event giving rise to the claim, or (b) one hundred dollars ($100).
20.3 Claims this Section does not limit
This Section 20 does not apply to, limit, cap, or exclude — and nothing in these Terms limits, caps, or excludes — any of the following:
- Any claim for medical negligence, professional negligence, or medical malpractice against any Provider, professional entity, or any person or entity vicariously liable for a Provider, or any claim governed by Chapter 766, Florida Statutes, including every right, remedy, procedure, and measure of damages available under that Chapter;
- Any claim for personal injury or wrongful death, to the extent a limitation of liability for such a claim is unenforceable under Florida law;
- Any claim arising from our gross negligence, recklessness, willful or wanton misconduct, intentional wrongdoing, fraud, or fraudulent misrepresentation;
- Any claim for injury caused by a defective product, or any claim against a manufacturer, compounding pharmacy, or laboratory;
- Any liability that cannot lawfully be limited under applicable law, including under the Florida Deceptive and Unfair Trade Practices Act or HIPAA.
These limitations allocate risk between us in exchange for the pricing of the Services and will apply even if a limited remedy fails of its essential purpose. If applicable law does not permit a limitation in this Section, that limitation will be modified to the minimum extent necessary to be enforceable, and the remainder of this Section will stand.
21Indemnification
You agree to indemnify, defend, and hold harmless BioForge and its members, managers, officers, employees, and agents from and against any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorney's fees) arising out of or relating to:
- Your breach of these Terms;
- Your violation of any applicable law or of any third party's rights;
- Your User Content;
- Your provision of false, incomplete, or misleading information to us or to a Provider;
- Your unauthorized transfer, resale, or sharing of any medication prescribed to you.
This Section does not require you to indemnify us for our own negligence, gross negligence, or willful misconduct, or for any claim arising from clinical care. We will notify you promptly of any claim, and you may not settle any claim in a way that imposes an obligation on us or admits fault on our behalf without our written consent. We may participate in the defense with counsel of our choosing at our own expense.
22Dispute Resolution and Arbitration
Please read this section carefully. It requires most commercial disputes to be resolved by individual arbitration rather than in court, which means you and BioForge give up the right to a jury trial and to participate in a class action on those disputes. It does not apply to medical negligence claims, and it does not limit the damages you can recover on any claim. You may opt out within 30 days.
22.1 Talk to us first
Before starting arbitration or a lawsuit, the party raising a dispute will send the other written notice describing the dispute and the relief sought, and both parties will try in good faith to resolve it informally for 30 days. Send your notice to the address in Section 27. This step does not apply to the claims excluded in Section 22.3 and does not prevent either party from seeking emergency relief.
22.2 Agreement to arbitrate
Except for the claims excluded in Section 22.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, your purchases, your account, our billing, our marketing, or your commercial relationship with BioForge will be resolved by final and binding individual arbitration rather than in court. This Section is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 et seq., and binds BioForge to the same extent it binds you. It survives termination of these Terms.
22.3 Claims excluded from arbitration
The following are not subject to arbitration and may be brought in court:
- Any claim for medical negligence, professional negligence, or medical malpractice, and any claim governed by Chapter 766, Florida Statutes. Such claims may be arbitrated only if both parties agree in writing after the dispute has arisen, or under the voluntary statutory procedure in Section 766.207, Florida Statutes;
- Any claim brought on an individual basis in small claims court;
- Any request for temporary or emergency injunctive relief, or any claim to protect intellectual property or confidential information;
- Any claim that applicable law provides may not be subject to a pre-dispute arbitration agreement.
22.4 No limitation of rights or remedies
Arbitration under these Terms does not change, limit, or shorten any substantive right, remedy, defense, statute of limitations, or measure of damages that would be available in court. The arbitrator may award any relief a court could award on the same claim, including compensatory, statutory, and punitive damages and attorney's fees where authorized by law. No provision of these Terms caps the damages recoverable on any claim excluded under Section 22.3.
22.5 Administrator, rules, and location
Arbitration will be administered by JAMS under its Streamlined or Comprehensive Arbitration Rules as applicable, together with the JAMS Consumer Arbitration Minimum Standards, before a single neutral arbitrator. If JAMS is unavailable or unwilling to administer the arbitration, the parties will agree on a substitute administrator, and failing agreement either party may petition a court in Miami-Dade County, Florida to appoint an arbitrator. The seat of arbitration is Miami-Dade County, Florida, but you may elect to participate by telephone or video, or to have any in-person hearing held in the Florida county where you reside.
22.6 Fees and costs
BioForge will pay all arbitration filing, administrative, and arbitrator fees that exceed the filing fee you would have paid to file the same claim in the state court of general jurisdiction in Miami-Dade County, Florida. Each party otherwise bears its own attorney's fees and costs, except where a statute or the arbitrator's award provides otherwise. The arbitrator may not order you to pay our fees or costs unless the arbitrator finds your claim was frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11.
22.7 Individual basis only
Arbitration will proceed only on an individual basis. Neither party may bring a class, collective, consolidated, or representative action in arbitration, and the arbitrator may not preside over one or award relief to anyone who is not a party. If a court decides this Section 22.7 is unenforceable as to a particular claim, that claim will be severed and heard in court, and the rest of Section 22 will continue to apply to all other claims.
22.8 Coordinated claims
If 25 or more demands for arbitration raising substantially similar claims are filed against BioForge by or with the assistance of the same law firm or coordinated counsel within a 90-day period, the demands will be administered in sequential batches of no more than 50. Claimants' counsel and BioForge's counsel will each select 25 demands for the first batch, to be heard by a single arbitrator. The parties will then attempt in good faith to resolve the remaining demands using the outcomes of that batch as guidance, and will participate in a global mediation before any further batch proceeds. Any applicable limitations period is tolled for demands awaiting a batch, so no claimant loses rights by waiting.
Each demand must be signed personally by the individual claimant and must state that claimant's name, the dates of the Services at issue, and the specific injury or loss claimed. Counsel filing a demand certifies, consistent with the standard of Federal Rule of Civil Procedure 11, that the claimant authorized the filing and that the factual allegations have evidentiary support.
This Section 22.8 is severable. If it is held unenforceable in whole or in part, the remainder of Section 22 — including Sections 22.2 and 22.7 — remains in full force.
22.9 Confidentiality of the proceeding
The parties will keep the existence, content, and result of any arbitration confidential, except as needed to prepare or present the case, to comply with law or a court order, to enforce or challenge the award, or to communicate with insurers, accountants, or professional advisers. Nothing here prevents you from discussing your own experience, contacting a government agency or regulator, reporting a suspected violation of law, or giving truthful testimony.
22.10 Settlement offers
Either party may make a written offer to resolve a claim. An offer that is not accepted may not be disclosed to the arbitrator until after a determination on the merits, and may then be considered on the allocation of costs to the extent applicable law permits.
22.11 Your right to opt out
You may reject this Section 22 by sending written notice to BioForge at the address in Section 27 within 30 days after you first accept these Terms. Your notice must include your name, the email address on your account, and a statement that you decline arbitration. If you opt out, Section 22 will not apply to you, and opting out will not affect your eligibility for the Services or any other term. All other Sections remain in effect. If we later materially change Section 22, you will get a new 30-day window to opt out of the change.
22.12 Arbitrator's authority
The arbitrator decides all questions of arbitrability, scope, interpretation, and enforceability of this Section 22, except that a court decides any challenge to Section 22.7 or Section 22.8 and any dispute about whether a claim is excluded under Section 22.3. The award will be in writing, will state the essential findings and conclusions, and may be entered as a judgment in any court of competent jurisdiction. The arbitrator applies Florida substantive law and has no authority to award relief inconsistent with these Terms or with applicable law.
22.13 Survival
This Section 22 survives termination of these Terms, the end of your commercial relationship with BioForge, and the conclusion of your treatment.
23Governing Law and Venue
These Terms and any dispute arising out of them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except that Section 22 is governed by the Federal Arbitration Act.
For any matter properly brought in court, you and BioForge consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and each party waives any objection to that forum based on inconvenience. Nothing in this Section deprives you of the protection of any mandatory consumer law of your state of residence that applies regardless of this choice of law, and nothing in this Section alters the venue or procedural rules that apply to a claim under Chapter 766, Florida Statutes.
The parties waive trial by jury in any action properly brought in court, to the fullest extent permitted by law, other than an action described in Section 22.3.
24Suspension and Termination
By you. You may stop using the Site at any time, may stop buying at any time, and may cancel an order or close your account under Section 9.3.
By us. We may suspend or terminate your access to the Site, your account, or your access to Services, with notice where practicable, if you materially breach these Terms, if your payment method fails and is not cured, if we reasonably believe your conduct exposes us, a Provider, our staff, or another client to legal or safety risk, or if we discontinue the Services. Where we terminate without cause, we will refund the unused pro-rated portion of any Service you paid for and did not receive.
Clinical continuity. Termination of these Terms or your commercial relationship is a business decision and is separate from the clinical relationship. If you are in active treatment, the Provider remains bound by their own professional obligations regarding continuity of care, notice, and non-abandonment, and by the Clinical Documents. We will not use termination of these Terms to interfere with those obligations, and we will help you obtain copies of your records as required by law.
Survival. Sections 2, 5, 6, 7, 8, 9.5, 10, 13, 14, 16, 18, 19, 20, 21, 22, 23, 26, and 27 survive termination, along with any other provision that by its nature should survive.
25Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page and post the new version here.
For material changes — meaning changes that meaningfully reduce your rights or increase your obligations, including changes to fees, Section 20, or Section 22 — we will give you at least 30 days' advance notice by email to the address on your account and by a conspicuous notice on the Site before the change takes effect. Material changes apply prospectively only.
If you continue to use the Site or purchase Services after a change takes effect, you accept the updated Terms. If you do not accept them, stop using the Site and stop buying before the effective date; because nothing recurs, no further charge can reach you after that date. We will keep prior versions available on request so you can see what changed.
No change to these Terms applies retroactively to a dispute of which we already had notice.
26General Provisions
Entire agreement. These Terms, together with the Privacy Policy, your written order confirmation, and — for clinical matters — the Clinical Documents, are the entire agreement between you and BioForge on their subject matter and supersede all prior or contemporaneous understandings, communications, and marketing statements.
Severability. If any provision of these Terms is held invalid, unenforceable, or void, it will be modified to the minimum extent necessary to make it enforceable or, if it cannot be, severed. All remaining provisions stay in full force. The parties specifically intend that invalidity of any part of Sections 19, 20, or 22 will not invalidate any other part of these Terms.
No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and no waiver is effective unless in a writing signed by us.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you; if that assignment would materially change who provides your care or handles your health information, you may cancel under Section 9.3 without penalty.
No third-party beneficiaries. These Terms create no rights in any third party, except that Providers and their professional entities may enforce Sections 7, 19.2, 20.3, and 22.3 to the extent those Sections protect them.
Independent parties. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and BioForge, or between BioForge and any Provider beyond what is described in Section 7.
Force majeure. Neither party is liable for delay or failure to perform caused by an event beyond its reasonable control, including natural disaster, hurricane, epidemic, war, terrorism, labor action, utility or network failure, supply-chain disruption, or government action. This does not excuse your payment obligations for Services already received.
Notices. We may give you notice by email to the address on your account, by posting on the Site, or by in-product message. You must give us notice in writing as set out in Section 27. Notice is effective on receipt, or on the third business day after mailing if sent by certified mail.
Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against either party as the drafter.
Accessibility. We aim to make the Site usable by everyone and work toward conformance with WCAG 2.1 Level AA. If you encounter a barrier, contact support@bioforge.health and we will work with you to provide the information or transaction through an accessible alternative.
Export and sanctions. You may not use the Services in violation of U.S. export control or sanctions laws, and you represent that you are not on any U.S. government restricted-party list.
27Contact for Legal Notices
Send legal notices — including a dispute notice under Section 22.1, an arbitration opt-out under Section 22.8, or a copyright notice under Section 13 — in writing to:
BioForge LLC
Attn: Legal Notices
3105 NW 107th Ave, STE 400-O6
Doral, Florida 33172
Email: legal@bioforge.health
For everything else — billing questions, cancellations, refund requests, accessibility, and general support — contact support@bioforge.health or (305) 330-9519.
Registered agent and entity information for BioForge LLC is available from the Florida Division of Corporations at sunbiz.org.
Thank you for reading these Terms. If anything here is unclear, ask us before you enroll — we would rather explain it now than argue about it later.