This Membership Agreement (the “Agreement”), which is incorporated by reference into and made part of MyBody Health’s Terms of Service, is effective from the date of Member’s first membership payment (the “Start Date”), is between you (“Member”) and us, MyBody Health (“MyBody Health,” “we,” or “us”). By entering into this Agreement, you acknowledge that you have read, understood, and agree to be bound by our Terms of Service (which includes this Agreement) and Privacy Policy. 

Member Services 

MyBody Health Services. Our membership program is an automatic, recurring annual membership payment to MyBody Health’s wellness platform (“Membership”). As part of the Membership, we offer access to third-party laboratory testing, imaging services, pharmacy, and other health and wellness services as more fully described on the Platform, and access to MyBody Health Concierge, MyBody Health Marketplace, and MyBody Health Data Vault. You can find specific details regarding your Membership options by accessing your User Account via the Platform. 

Third Party Services. Through your Membership, you may have access to various healthcare and wellness services provided by MyBody Health’s third-party partners, including but not limited to phlebotomists, laboratories, pharmacies, imaging centers, and medical groups (collectively, “Third Party Providers”). In some instances, these Third Party Providers may bill your insurance directly for their services, and MyBody Health’s role is limited to facilitating payment collection. While MyBody Health coordinates these wellness services to enhance your member experience, MyBody Health does not provide medical advice or professional healthcare services. All medical and professional services are provided solely by the Third Party Providers, who maintain complete responsibility for the quality, appropriateness, and professional standards of their services. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYBODY HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE THIRD PARTY PROVIDERS’ SERVICES AND SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING FROM OR RELATED TO SUCH SERVICES. THIRD PARTY PROVIDERS DO NOT PROVIDE URGENT CARE OR EMERGENCY CARE. IF YOU ARE HAVING AN URGENT MEDICAL ISSUE PLEASE GO TO YOUR NEAREST URGENT CARE, EMERGENCY ROOM, OR CALL 911. 

Membership Term. This Agreement will commence on the Start Date and will continue for a period of one (1) year thereafter (the “Initial Term”). The Initial Term is non-cancelable, unless terminated sooner pursuant to Section 3(c) below. At the end of the Initial Term, this Agreement will continually and automatically renew upon the same terms and conditions for successive one

(1) year periods (each, a “Renewal Term”), unless terminated sooner pursuant to Section 3(c) below. For purposes hereof, the Initial Term and each Renewal Term will be collectively referred to as the “Term”. 

Fees and Recurring Charges 

Membership. THE MEMBERSHIP CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU (“MEMBERSHIP FEES”). BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOU CAN DEACTIVATE YOUR MEMBERSHIP AFTER THE INITIAL ONE-YEAR TERM. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN REQUEST TO REJOIN MYBODY HEALTH AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT TO REFUSE TO RESTART YOUR MEMBERSHIP IF WE HAVE TERMINATED YOUR MEMBERSHIP. 

Membership Add-Ons. Different features, products, services, and other customized options may become available in addition to your Membership as determined from time to time by MyBody Health. Certain products or services available for purchase through the Services may allow you to purchase on a one-time or on a subscription basis (“Subscription Services”). For subscription-based products, your payment method on file will be automatically charged at regular intervals as described for that product or service during the checkout process. Should you have any questions about any of the options available under your Membership, please visit the MyBody Health website or email support@formybodyhealth.com. 

Early Cancellation. If you cancel your membership within seven (7) days of the date of purchase and no services have been scheduled or initiated (including but not limited to lab orders, consultations, or platform access), you may be eligible for a full refund of Membership Fees. Once any services have been scheduled or initiated, all Membership Fees become non-refundable. After seven days, Membership Fees are not refundable. If an at-home blood draw is booked, the at-home fee is non-refundable if the appointment is cancelled within 24 hours. 

Understanding Your Fees. By accepting these terms, you agree to pay the Membership Fees. We want to make sure you understand that your health insurance or other payment plans might not cover these Fees. We don’t assess whether you can get coverage or reimbursement for these fees from insurance companies or other payers. 

Auto-Renewal and Cancellation 

YOUR MEMBERSHIP WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THIS AGREEMENT. FOLLOWING YOUR INITIAL TERM, AND AGAIN AFTER ANY SUBSEQUENT MEMBERSHIP PERIOD, YOUR MEMBERSHIP WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH

PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL MEMBERSHIP RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION WITHIN 72 HOURS BEFORE THE RENEWAL DATE (I.E., THE ANNIVERSARY OF YOUR INITIAL SUBSCRIPTION DATE). 

TO DEACTIVATE YOUR SUBSCRIPTION, EMAIL SUPPORT@FORMYBODYHEALTH.COM OR, WHERE REQUIRED, LOG ONTO YOUR MYBODY HEALTH ACCOUNT AND FOLLOW THE DIRECTIONS FOR CANCELLATION. IF YOU DEACTIVATE DURING THE INITIAL TERM, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. DURING THE INITIAL TERM, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. 

BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE MYBODY HEALTH TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF MYBODY HEALTH DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND, AND (B) YOU AGREE THAT MYBODY HEALTH MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED. UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE REACTIVATED, AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DATE PAYMENT IS RECEIVED. 

Payment and Pricing 

Pricing Adjustments. 

MyBody Health reserves the right to adjust your Membership Fee in its sole discretion, at any time and without prior notice; provided, however, that we will provide you with at least ten (10) days’ advance notice of any Membership Fee changes. Your continued use of the Services after such notice has been delivered will constitute your acceptance of the revised fees unless you cancel your Membership in accordance with these Terms. All prices displayed on the Platform are in U.S. dollars. Applicable taxes and any other fees or charges are not included in the displayed prices and will be charged separately where required. Prices, taxes, and fees may vary based on geographic location. Continued access to or use of the Platform after notice of any pricing changes will constitute your acceptance of those changes unless you cancel your Membership in accordance with this Agreement. 

One-Time and Recurring Payments. 

You agree to pay your Membership Fee and any fees associated with additional Services or products purchased through your User Account in accordance with the pricing and billing terms in effect at the time of purchase. You also agree to pay all applicable taxes. To place an order

through your User Account, you must provide valid payment information (such as a credit card or debit card) through the Platform. 

By placing an order through your User Account, you authorize and agree that: 

1. Your selected payment method(s) may be charged immediately for all applicable fees and taxes related to your Membership or purchases; 
2. MyBody Health may automatically charge alternative payment methods associated with your account if your primary payment method is declined or becomes unavailable; 
3. MyBody Health may share payment information and instructions necessary to complete payment transactions between MyBody Health, its payment processors, and third-party payment service providers (including credit card processing, merchant settlement, and related services) in accordance with our Privacy Policy; and 
4. No additional notice or consent is required for the foregoing authorizations. 

You agree to promptly update your User Account if your payment information changes. MyBody Health reserves the right to modify its billing methods at any time. If a payment method cannot be verified, is invalid, or is otherwise unacceptable, your Membership may be suspended or canceled. 

If a payment is unsuccessful and you do not update your payment method or cancel your purchase of any MyBody Health Services, you remain responsible for all unpaid amounts and authorize us to continue attempting to collect payment using your payment method as it may be updated from time to time. MyBody Health reserves the right to collect any outstanding balances and may refer unpaid accounts to a third-party collection agency. 

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MYBODY HEALTH COULD REASONABLY ACT ON YOUR REQUEST. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY SUPPLY US WITH UPDATED PAYMENT INFORMATION. WE RESERVE THE RIGHT TO USE SUCH UPDATED PAYMENT INFORMATION FOR FUTURE CHARGES TO HELP PREVENT ANY INTERRUPTION IN SERVICE. 

Subscription Payments. 

For subscription-based products and services, your payment method on file will be automatically charged at the intervals disclosed during checkout. You may cancel a subscription at any time up to seventy-two (72) hours before the applicable billing date by emailing support@formybodyhealth.com. 

To simplify the user experience, certain products or services may be presented as a single bundled subscription price. In some cases, the total subscription price may include fees charged by third-party healthcare providers, pharmacies, laboratories, or other service providers, in

addition to fees charged by MyBody Health for access to and use of the Platform. Where applicable, MyBody Health may collect such amounts on behalf of these third parties and remit the appropriate portion to them. 

Late Payments. 

MyBody Health reserves the right to (i) terminate this Agreement or (ii) suspend your eligibility to receive Membership Services if any Membership Fee or invoice remains unpaid when due. MyBody Health may assess a late fee of one and one-half percent (1.5%) per month on any overdue balance, or the maximum amount permitted by applicable law, until such balance is paid in full. 

Insurance Coverage 

Not a Medical Provider. 

MyBody Health is not a healthcare provider, medical practice, pharmacy, or health insurance company and does not bill insurance. While certain products, services, consultations, supplements, or wellness-related purchases offered through MyBody Health may be eligible for reimbursement under some insurance plans, health savings accounts (HSAs), flexible spending accounts (FSAs), or other benefit programs, MyBody Health makes no representations or guarantees regarding eligibility, coverage, reimbursement, or approval. You are solely responsible for determining whether any product or service qualifies for reimbursement and for submitting any required documentation or claims to your insurance carrier, HSA/FSA administrator, or other benefits provider. 

Not an Insurer. 

MyBody Health is not an insurance company and does not provide health insurance coverage of any kind. Membership fees and other charges paid to MyBody Health are not insurance premiums and do not entitle you to unlimited healthcare services, medical treatment, or reimbursement for healthcare expenses. A MyBody Health Membership is not a substitute for health insurance or any other healthcare coverage. You are responsible for maintaining any health insurance or healthcare coverage that you deem appropriate for yourself and your family. 

Medicare and Private Insurance. 

If you are eligible for Medicare or covered by a private insurance plan, you acknowledge that Membership Fees, subscription fees, and most products and services offered by MyBody Health may not be covered by Medicare or private insurance. You agree that you are solely responsible for determining whether any products or services are eligible for reimbursement and for complying with all applicable requirements of your insurance provider or benefits administrator. 

HSA/FSA Eligibility. 

Certain products, services, supplements, or wellness-related purchases offered by MyBody Health may qualify for payment or reimbursement through a Health Savings Account (HSA) or Flexible Spending Account (FSA), subject to the rules and requirements of your HSA/FSA provider. In some cases, a letter of medical necessity or other supporting documentation may be required. MyBody Health may utilize third-party service providers to assist with determining

eligibility or generating required documentation and may share limited information with such providers for that purpose, in accordance with our Privacy Policy. 

Eligibility, reimbursement, and approval decisions are determined solely by your HSA/FSA administrator, insurance provider, or applicable benefits provider. MyBody Health does not guarantee approval, reimbursement, or coverage of any product, service, membership fee, or purchase. 

Rescheduling and Missed Appointment Fees 

Laboratory Testing 

Sample Collection Appointments at Partner Laboratory Facilities 

Sample collection appointments scheduled at partner laboratory facilities may be rescheduled at any time before the appointment without additional charge. If you need to reschedule your appointment, please contact MyBody Health at support@formybodyhealth.com or through the Platform to arrange a new appointment time. 

At-Home Sample Collection Appointments 

At-home sample collection appointments may be rescheduled through the Platform up to twenty-four (24) hours before the scheduled appointment time. 

If you need to reschedule within twenty-four (24) hours of your appointment or fail to attend a scheduled appointment, the appointment fee may be non-refundable and a rescheduling fee of up to $119.00 (or such other amount as may be disclosed at the time of scheduling) may be charged to your payment method on file. 

Imaging Services and Functional Testing 

Appointments for imaging services, diagnostic screenings, and functional testing may be rescheduled up to three (3) business days before the scheduled appointment without additional charge. 

If you reschedule within three (3) business days of your appointment or fail to attend a scheduled appointment, a rescheduling or missed appointment fee ranging from $50.00 to $250.00 (subject to change) may apply, depending on the service purchased. 

To request a new appointment time, please contact MyBody Health through the Platform or by emailing support@formybodyhealth.com. 

Laboratory Testing Services

MyBody Health does not provide phlebotomy services and does not perform blood draws. MyBody Health may coordinate access to independent third-party service providers, including mobile phlebotomy providers and laboratory facilities, to facilitate sample collection and testing services. 

By using the Services and providing a requested collection location, you authorize MyBody Health to coordinate with such third-party providers on your behalf. You acknowledge that these providers are independently owned and operated and are not employees, agents, or affiliates of MyBody Health. MyBody Health does not control the operations, procedures, or personnel of these providers and is not responsible for their acts, omissions, services, or performance. 

You understand that blood-based laboratory testing involves the collection of blood samples and may carry certain risks, including bruising, hematoma, bleeding, infection, lightheadedness, dizziness, fainting, discomfort, or other complications. You are responsible for consulting with your healthcare provider regarding any questions or concerns related to laboratory testing. 

MyBody Health does not own or operate any laboratory. Laboratory testing services may be performed by independent third-party laboratories, including but not limited to Labcorp, Quest Diagnostics, or other accredited testing providers. By utilizing laboratory testing services through the Platform, you acknowledge that the applicable laboratory’s terms of service, privacy policies, and procedures govern the performance of those services. 

MyBody Health does not control the operations, testing methodologies, reporting practices, or policies of any laboratory provider and shall not be liable for any acts, omissions, delays, errors, or services provided by such laboratories. 

Accessing Laboratory Results 

Laboratory results may be made available through the Platform when provided by the applicable testing provider. MyBody Health will make reasonable efforts to notify you of available results through the Platform and, where appropriate, by email or other contact methods associated with your account. 

You are solely responsible for reviewing your laboratory results and seeking any necessary follow-up care, consultation, or treatment from your healthcare provider. You acknowledge that laboratory results may contain information that is unexpected, significant, or emotionally distressing. 

By accessing laboratory testing services through the Platform, you agree that it is your responsibility to consult with a qualified healthcare professional regarding the interpretation and medical significance of any test results. 

You further understand that if laboratory results are shared with healthcare providers, such information may become part of your medical records and may be accessible to other authorized healthcare providers, insurers, or entities as permitted by applicable law.

Requests for Laboratory Invoices 

Where required by applicable law, residents of certain states may request an itemized invoice or price breakdown for laboratory testing services by contacting MyBody Health at support@formybodyhealth.com. 

User-Uploaded Data 

For the avoidance of doubt, the provisions above do not apply to laboratory reports, test results, health records, or other information that you independently upload to your account or data storage areas within the Platform (“Data Vault”). 

Healthcare providers, consultants, coaches, or other service providers associated with the Platform are not automatically notified when you upload information to the Data Vault and may not review such information. You should not assume that any materials uploaded to the Data Vault are being monitored, reviewed, interpreted, or acted upon by MyBody Health or any third party. 

If you require professional review of any uploaded information, you are responsible for separately requesting such review through any available services and confirming that the request has been accepted. 

MyBody Health Marketplace 

As part of your Membership, you may have access to the MyBody Health Marketplace, where you can purchase wellness products, nutritional supplements, health-related items, and other products offered through the Platform. Products available through the Marketplace may be recommended based on your interests, health goals, assessments, or preferences, or selected independently by you. 

Unless otherwise expressly stated, products available through the Marketplace are offered by independent third-party manufacturers, distributors, or sellers. MyBody Health does not manufacture, distribute, guarantee, or warrant any Marketplace products and expressly disclaims all responsibility and liability arising from your purchase, use, or reliance upon any product offered through the Marketplace, including but not limited to product quality, safety, effectiveness, legality, labeling, ingredient content, or fitness for a particular purpose. 

Any questions, concerns, complaints, warranty claims, refund requests, or disputes relating to a Marketplace product must be directed to the applicable manufacturer, distributor, or seller, unless otherwise specified by MyBody Health. 

Product Information and Recommendations

Information provided on the Platform regarding products is intended for informational and educational purposes only and should not be construed as medical advice, diagnosis, treatment, or a recommendation to purchase any specific product. 

Any product recommendations, descriptions, ratings, reviews, or educational content provided through the Platform are offered solely as a convenience and do not constitute a guarantee of results. Individual experiences and outcomes may vary. 

You are responsible for reviewing all product labels, warnings, ingredient lists, usage instructions, and other information provided by the manufacturer before using any product purchased through the Marketplace. 

Orders and Fulfillment 

Orders placed through the Marketplace may be fulfilled directly by MyBody Health, third-party fulfillment providers, manufacturers, distributors, or other authorized sellers. Product availability, pricing, shipping times, and inventory levels are subject to change without notice. 

MyBody Health is not responsible for shipping delays, carrier issues, lost packages, manufacturer shortages, or other circumstances beyond its reasonable control. 

Cancellation of Membership 

You may cancel your Membership at any time by contacting MyBody Health at support@formybodyhealth.com or by following the cancellation instructions available through your account, if applicable. 

To avoid renewal charges, cancellation requests must be submitted at least seventy-two (72) hours before your next scheduled billing or renewal date. 

After Cancellation 

Following cancellation of your Membership: 

• You may retain access to certain account information, purchase history, order records, and stored data as permitted by the Platform. 
• Any active orders placed prior to cancellation will continue to be processed in accordance with the applicable order terms. 
• You will no longer have access to Membership-only benefits, discounts, exclusive content, premium features, concierge services, or other benefits available exclusively to active Members. 
• Access to the MyBody Health Marketplace may be limited or modified following cancellation, including the loss of Member pricing, exclusive offers, or 

subscription-based product programs.

Refunds 

Unless otherwise stated on the Platform or required by applicable law, Membership Fees are non-refundable. Refund eligibility for products purchased through the Marketplace is subject to the applicable return and refund policies associated with the specific product, manufacturer, seller, or fulfillment provider. 

MyBody Health reserves the right to refuse returns, refunds, or exchanges that do not comply with the applicable return policy. 

Service-Specific Cancellation Policy 

Laboratory Testing Not Included in Membership Fees 

All cancellation requests must be submitted within thirty (30) days of payment to be eligible for a refund. 

No refunds will be issued once test samples have been collected, whether at a partner laboratory facility or through an in-home collection service provided by an authorized third-party phlebotomy partner. 

Eligible refunds will be limited to the purchase price of the laboratory test and will be returned to the original payment method used for the transaction. Certain exclusions may apply. 

The following tests and services are non-refundable: 

• Intestinal Permeability Panel 
• Environmental Toxins Panel 
• PFAS Chemicals Panel 
• Galleri Early Cancer Detection Test 
• Food and Environmental Allergy Testing 
• Any laboratory testing included as part of a Membership or bundled package Imaging Services and Functional Testing 

All cancellation requests must be submitted within thirty (30) days of payment to be eligible for a refund. 

To qualify for a refund, cancellation requests must be received more than three (3) business days before the scheduled appointment date. No refunds will be issued for cancellations made within three (3) business days of the scheduled appointment. 

Approved refunds will be limited to the purchase price of the applicable service and will be returned to the original payment method.

Prescription Products and Treatments 

Prescription products and prescription-related treatments are not eligible for refunds unless otherwise required by applicable law. 

For subscription-based services, you may cancel your subscription at any time; however, previously paid fees are non-refundable. 

To avoid charges for an upcoming renewal period, subscription cancellation requests must be submitted more than seven (7) days before the scheduled renewal date. If a cancellation request is submitted within seven (7) days of the renewal date, your subscription will be canceled at the end of the applicable billing period, but no refund will be provided for charges already processed or scheduled for the upcoming renewal period. 

You may manage eligible subscription services through your MyBody Health account settings or by contacting support@formybodyhealth.com. 

If you have any questions regarding this policy, please contact MyBody Health at support@formybodyhealth.com. 

MyBody Health Termination Rights 

MyBody Health reserves the right to suspend or terminate your Membership, account access, or use of the Platform immediately upon written notice for any of the following reasons: 

1. Failure to pay Membership Fees or other amounts when due; 
2. Violation of this Agreement, the Terms of Service, or any applicable policies; 3. Violation of applicable laws or regulations; 
3. Misuse of the Platform, Services, Marketplace, or related resources; 
4. Conduct that is disruptive, abusive, fraudulent, harassing, threatening, or harmful toward MyBody Health personnel, contractors, partners, vendors, or other users; 6. Circumstances in which MyBody Health reasonably determines that your continued use of the Platform or Services may pose a risk to MyBody Health, its users, partners, or service providers; or 
5. Any other reasonable business, operational, legal, or security-related cause determined by MyBody Health in its sole discretion. 

Upon termination, MyBody Health may suspend, deactivate, restrict, or delete your account and any associated access privileges, subject to applicable legal and record-retention requirements. 

Termination of your Membership or account by MyBody Health does not entitle you to a refund of Membership Fees, subscription fees, service fees, or any other amounts previously paid, except where required by applicable law.

End of Agreement