Summary (Plain Language)

We want to be transparent about how our services work. This summary is provided for convenience only and does not replace or limit the full Terms below. In the event of any conflict between this summary and the full Terms, the full Terms control. Please review the full Terms carefully.

• Qualified Providers: Our services are provided by licensed or qualified healthcare professionals, but they are focused on wellness, prevention, and longevity, not full primary care.
• Not for Emergencies: Do not use our services for urgent or emergency medical needs. Call 911 if needed.
• Telehealth Limitations: Virtual care has limitations compared to in-person visits and may not be appropriate in all situations.
• No Guaranteed Results: Individual outcomes vary. We do not guarantee specific health or performance results.
• Your Responsibility: You remain responsible for your overall healthcare decisions and should consult your primary care provider when appropriate.
• Privacy: We take your data seriously. Our services are not subject to HIPAA. Your health information is governed solely by our Privacy Policy and applicable U.S. state laws.
• Membership Agreement: Access to the Cenegenics App and other member-exclusive features of the Service is conditioned upon holding an active Cenegenics membership, which is governed by a separate Membership Agreement.
• Disputes: By using our services, you agree to resolve most disputes through individual arbitration rather than court.
• Commercial Transactions. The purchase of products through the Cenegenics platform is governed by a separate Online Store Terms of Service, not these Terms.

The above summary is provided for convenience only. Please review the full Terms below for complete details.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms of Service (“Terms”), which constitute a legally binding agreement between you (“User” or “you”) and BestLife Holdings, Inc. d/b/a Cenegenics (“Cenegenics,” “we,” “us,” or “our”). If you do not agree to these Terms in their entirety, you must not access or use the Service.

The Service is intended solely for individuals who are 18 years of age or older and are located within the United States. By using the Service, you represent and warrant that you meet these requirements.

Access to the Cenegenics App is restricted to active Cenegenics members and is available by invitation only. Invitations are issued by Cenegenics at its sole discretion. For terms governing membership, including fees, renewal, cancellation, and the scope of member benefits, please refer to Section 2 (Membership Agreement) below.

These Terms incorporate by reference the Cenegenics Privacy Policy, which forms part of the agreement between you and Cenegenics. You are encouraged to read the Privacy Policy carefully.

2. Membership Agreement

Access to the Cenegenics App and other member-exclusive features of the Service is conditioned upon holding an active Cenegenics membership pursuant to a separate Membership Agreement. The Membership Agreement governs all membership-specific terms, including fees, renewal, cancellation, and the scope of member benefits. In the event of any conflict between these Terms and the Membership Agreement with respect to membership-specific matters, the Membership Agreement shall control. These Terms apply to all aspects of your use of the Service not specifically addressed in the Membership Agreement.

3. Description of Services

Cenegenics’ wellness, longevity, and health-related services, including in-person and telehealth consultations, assessments, programs, and related content, delivered through or in connection with the Cenegenics website, the Cenegenics App (patient portal), and any other platforms or applications operated by Cenegenics (collectively, the “Service”):

(a) Website. The Cenegenics website (the “Website”) is accessible to the general public and provides general information about Cenegenics and its programs. The Website may include interactive features, including health and wellness questionnaires and assessments, through which Users may provide information to Cenegenics. Completion of any questionnaire or assessment on the Website does not establish a patient-provider relationship and does not constitute medical advice.

(b) Patient Portal (Cenegenics App). The Cenegenics App functions as a secure patient portal available exclusively to active Cenegenics members by invitation only. The patient portal allows members to access their health information, communicate with their care team, view program details, and access other member-specific features. Access is granted by invitation only and may be revoked at any time at Cenegenics’s sole discretion.

(c) Telehealth Services. Telehealth consultations and visits are conducted through a third-party video communication platform, e.g. Zoom. Cenegenics does not provide telehealth services through the Website or through the patient portal’s own video infrastructure. Users are responsible for having a compatible device prior to any scheduled telehealth consultation. Use of the third-party video communication is subject to their Terms of Service and Privacy Policy.

The Service does not constitute comprehensive medical care, treatment of acute or chronic medical conditions, or primary care as those terms are commonly understood.

4. Scope of Care; No Emergency Services

You acknowledge and agree that:

• The Service does not provide comprehensive medical care;
• The Service does not establish a primary care relationship between you and any provider;
• The Service is not appropriate for urgent, acute, or emergency medical conditions; and
• Cenegenics reserves the right to decline, discontinue, or refer care at any time, for any reason, in its sole discretion.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS.

5. Telehealth-Specific Disclosures

Telehealth consultations are conducted on a third-party video communication platform that is independent of Cenegenics. By participating in telehealth services, you acknowledge and agree that:

• You are required to have a compatible device to access telehealth services. Cenegenics does not provide, control, or maintain the third-party platform;
• Your use of the third-party platform is governed by the third-party’s own Terms of Service and Privacy Policy. Cenegenics is not responsible for their data practices, security measures, or compliance with applicable law;
• Cenegenics is not responsible for any technical failure, interruption, security incident, or data breach that occurs on or through the third-party platform; and
• In the event of a technical failure during a telehealth visit, Cenegenics will use reasonable efforts to reschedule or continue the visit through an alternative means but cannot guarantee uninterrupted service.

By using telehealth services through the Service, you expressly acknowledge and accept that:

• Telehealth has inherent limitations, including the inability to conduct full physical examinations;
• Diagnosis and treatment delivered via telehealth may be limited or less complete than in-person care;
• Technical failures, delays, or interruptions may occur and may affect the delivery of care;
• Providers may determine, in their sole professional judgment, that telehealth is not appropriate for your circumstances and may require in-person evaluation before providing or continuing services; and
• The laws and regulations governing telehealth services vary by state and may affect the services available to you based on your location.

To the maximum extent permitted by applicable law, you assume all risks associated with your use of telehealth services, including all risks associated with your use of the third-party platform and any other third-party technology used to deliver telehealth services.

6. Health Information, Privacy and Non-HIPAA Status

Cenegenics is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA). Any health, wellness, or body composition information you share through the Service is not subject to HIPAA protections and is instead governed solely by our Privacy Policy and applicable U.S. state privacy laws.

7. No Guarantee of Outcomes

We make no representations, promises or guarantees regarding:

• Health outcomes;
• Treatment effectiveness;
• Fitness, longevity, weight loss, or performance results; or
• The suitability of any program, recommendation, product, or service for your individual circumstances.

All services are provided on a best-efforts basis only. Individual results will vary. Nothing in these Terms or in any program materials, provider communications, or marketing materials shall be construed as a guarantee of any specific outcome.

8. Assumption of Risk

To the fullest extent permitted by law, you voluntarily assume all risks associated with:

• Participation in wellness, longevity, or health optimization programs;
• Following recommendations, protocols, or plans provided through the Service;
• Use of supplements, nutraceuticals, or other products in connection with the Service;
• Telehealth interactions; and
• Any other aspect of your use of the Service.

You acknowledge and agree that you are solely responsible for your own health decisions, and that your participation in the Service does not replace your judgment or the advice of your primary care provider or other treating physicians.

9. User Responsibilities and Account Management

9.1 Account Registration and Patient Portal Access

Access to the Cenegenics App (patient portal) is available exclusively to active Cenegenics members and is granted by invitation only. Cenegenics issues invitations at its sole discretion and reserves the right to grant, deny, suspend, or revoke access at any time and without prior notice. You may not create a patient portal account without a valid invitation from Cenegenics.

Upon receiving an invitation, you will be prompted to complete your account setup by providing all required information in a complete, accurate, and truthful manner. By completing your account setup, you represent that all information you provide is accurate and current, and you agree to update it promptly if it changes. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account. You agree to choose passwords that meet the security standards required by Cenegenics.

You are required to notify us immediately at dmca@cenegenics.com if you believe your account, credentials, or personal data have been compromised, accessed without authorization, or stolen.

By accessing the patient portal, you acknowledge that your personal data will be processed in accordance with the Cenegenics Privacy Policy, including for purposes of account creation, authentication, and account management as described in Section 5.4 of the Privacy Policy.

Use of the Cenegenics Website does not require registration. However, if you complete a questionnaire, assessment, or inquiry form on the Website, you acknowledge that any information you provide will be collected and processed in accordance with the Cenegenics Privacy Policy.

9.2 Account Termination by User

You may terminate your account and stop using the Service at any time by contacting us at the contact details provided in Section 26 of these Terms.

9.3 Account Suspension and Deletion by Cenegenics

Cenegenics reserves the right, at its sole discretion, to suspend or permanently delete your account, revoke patient portal access or delete your account at any time and without prior notice if it determines that your account is being used in a manner that is inappropriate, harmful, fraudulent, or in violation of these Terms. Cenegenics also reserves the right to revoke patient portal access if your membership with Cenegenics is terminated or expires for any reason. Suspension or deletion of your account shall not entitle you to any claim for compensation, damages, or reimbursement. If your account is suspended or deleted due to causes attributable to you, you remain obligated for any fees or amounts owed to Cenegenics.

9.4. User Responsibilities

You agree to:

• Provide accurate, complete, and current information at all times in connection with your use of the Service, including all information provided through the Website, patient portal, or any questionnaire or health assessment;
• Accurately and completely respond to all health and wellness questionnaires and assessments presented through the Website or patient portal, and promptly update any prior response that becomes inaccurate or incomplete;
• Disclose all relevant medical history, conditions, medications, and other information where requested or where reasonably necessary for your safety;
• Consult your primary care provider or other appropriate healthcare professionals for conditions outside the scope of the Service;
• Ensure that you have a compatible device prior to any scheduled telehealth consultation, and that your software is sufficiently up to date to support the session; and
• Follow any reasonable instructions or protocols provided by Cenegenics or its providers in connection with the Service.

Failure to provide accurate and complete information, or failure to comply with these responsibilities, may result in termination of services, and may affect the quality or safety of the care you receive.

10. Acceptable Use

The Service may only be used within the scope of what it is provided for, under these Terms and applicable law. You are solely responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and third-party rights.

Cenegenics reserves the right to take any appropriate measure to protect its legitimate interests, including suspending or terminating your access to the Service, terminating your Agreement, and reporting misconduct to competent authorities, where you engage or are suspected of engaging in any of the following:

• Violating any applicable law, regulation, or these Terms;
• Infringing any third-party rights, including intellectual property or privacy rights;
• Providing false, misleading, or inaccurate information in connection with your use of the Service;
• Accessing or attempting to access another user’s account without authorization;
• Using the Service in a manner that impairs, disrupts, or overburdens Cenegenics’s systems, infrastructure, or other users;
• Engaging in any fraudulent, abusive, or otherwise harmful conduct; or
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software embedded in the Service.

11. Content and Intellectual Property

11.1 Platform Content

Unless otherwise specified, all content available through the Service, including text, graphics, images, audio, video, data, and software, is owned by or licensed to Cenegenics (“Platform Content”). Cenegenics makes no warranty that the Platform Content is free from errors or infringement and welcomes reports of concerns via the contact details in Section 26.

All rights in the Platform Content are reserved. You may not copy, reproduce, download, distribute, modify, translate, publish, transmit, sell, sublicense, or create derivative works from any Platform Content without Cenegenics’s prior written permission, except as expressly permitted by these Terms or applicable law. Where explicitly authorized, you may download or share Platform Content solely for personal, non-commercial purposes, provided all copyright and attribution notices are preserved.

11.2 Intellectual Property Rights

All intellectual property rights in the Service, including copyrights, trademarks, service marks, trade names, logos, patents, and design rights, are the exclusive property of Cenegenics or its licensors and are protected by applicable United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in any Cenegenics trademark, trade name, service mark, logo, or other brand element.

11.3 Software License

Subject to your compliance with these Terms, Cenegenics grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the software embedded in or associated with the Service solely for personal, non-commercial use in connection with the Service. This license does not grant you any right to access or use the underlying source code of the software. All techniques, algorithms, and procedures contained in the software remain the sole property of Cenegenics or its licensors. This license terminates automatically upon any expiration or termination of your agreement with Cenegenics.

12. Online Store Services

Purchases of products and services through the Cenegenics platform, including orders, pricing, payment, delivery, and returns, are governed solely by the Cenegenics Online Store Terms of Service, a separate agreement. These Terms do not apply to such transactions. Products offered are for general wellness purposes only and are not a substitute for professional medical advice. You should review the Cenegenics Online Store Terms of Service before making any purchase.

13. Third-Party Services

The Service may involve or integrate with third-party service providers, including but not limited to:

• Clinical laboratories and pathology services;
• Pharmacies and compounding facilities;
• Payment processors;
• Telehealth technology platforms;
• Analytics and advertising providers; and
• Other operational and technology vendors.

Cenegenics does not control, and is not responsible for, the acts or omissions of any third-party service provider. All third-party services are used at your own risk, and your relationship with any third-party provider is governed by that provider’s own terms and conditions. For information about how third-party services may process your personal data, please refer to the Privacy Policy.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

CENEGENICS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREIN. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED FROM CENEGENICS OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WITHOUT LIMITING THE FOREGOING, CENEGENICS DOES NOT WARRANT THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THE SERVICE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; THE SERVICE IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; OR ANY HEALTH, WELLNESS, OR CLINICAL OUTCOMES WILL RESULT FROM USE OF THE SERVICE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CENEGENICS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, HEALTH OUTCOMES, PERSONAL INJURY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CENEGENICS’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CENEGENICS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY.

16. Indemnification

You agree to defend, indemnify, and hold harmless Cenegenics and its affiliates, subsidiaries, officers, directors, employees, agents, co-branders, partners, licensors, and service providers from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of or access to the Service;
• Your health decisions made in connection with or following your use of the Service;
• Your violation of these Terms, including any breach of your representations and warranties herein;
• Your violation of any third-party right, including any intellectual property right or privacy right;
• Your violation of any applicable law, rule, or regulation;
• Any inaccurate, false, or incomplete information you provide in connection with the Service; or
• Your willful misconduct or gross negligence.

Your indemnification obligations shall survive for a period of two (2) years from the date of termination.

17. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Cenegenics at dmca@cenegenics.com and provide a written description of the dispute, the relief sought, and your contact information. The parties agree to attempt to resolve the dispute informally for a period of thirty (30) days from the date Cenegenics receives your written notice (the “Informal Resolution Period”). If the dispute is not resolved within the Informal Resolution Period, either party may proceed to arbitration as set forth below. Compliance with this informal dispute resolution process is a prerequisite and condition precedent to initiating arbitration.

17.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED IN SECTION 17.5 (EXCEPTIONS TO ARBITRATION) BELOW, YOU AND CENEGENICS AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO: (A) THESE TERMS; (B) THE CENEGENICS PRIVACY POLICY; (C) YOUR ACCESS TO OR USE OF THE SERVICE; (D) THE COLLECTION, USE, DISCLOSURE, OR HANDLING OF YOUR PERSONAL DATA; OR (E) ANY RELATIONSHIP OR DEALINGS BETWEEN YOU AND CENEGENICS (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Arbitration is a method of dispute resolution in which a neutral arbitrator, rather than a judge or jury, decides the outcome of a dispute. The arbitrator’s decision is final and binding and may only be reviewed by a court on very limited grounds.

(a) Arbitration Administrator and Rules. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or declines to administer the arbitration, the parties shall mutually agree upon an alternative arbitral forum. If the parties cannot agree, a court of competent jurisdiction shall select the arbitral forum.

(b) Arbitrator. The arbitration shall be conducted before a single, neutral arbitrator selected in accordance with the AAA Rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable. The arbitrator shall have authority to grant any relief that would be available in court, subject to the limitations in these Terms.

(c) Location and Manner. Unless the parties agree otherwise, arbitration shall be conducted in Clark County, Nevada, or, if you prefer, via telephone, video conference, or document submission in accordance with the AAA Rules. If your claim does not exceed $10,000, you may elect to conduct the arbitration solely on the basis of documents submitted to the arbitrator, unless the arbitrator determines that a hearing is necessary.

(d) Fees and Costs. Payment of arbitration filing fees, administrative fees, and arbitrator fees shall be governed by the AAA Rules, except that Cenegenics will pay your share of any fees that exceed the amount you would have paid had you filed the claim in small claims court. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines that a claim or defense was frivolous or asserted in bad faith, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.

(e) Confidentiality. The arbitration proceedings and all submissions, filings, and decisions shall be kept strictly confidential and shall not be disclosed to any third party, except as may be necessary to enforce the award, as required by law, or as otherwise agreed in writing by both parties.

(f) Award. The arbitrator shall issue a written reasoned decision explaining the essential findings and conclusions on which the award is based. Any arbitration award may be confirmed and enforced in any court of competent jurisdiction.

(g) Opt-Out Right. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to dmca@cenegenics.com, with the subject line “ARBITRATION OPT-OUT,” within thirty (30) days of the date you first access or use the Service. Your opt-out notice must include your name, address, and the email address associated with your account, if any. If you opt out of the arbitration agreement, all other provisions of this Section 17 shall continue to apply. Opting out will not affect your use of the Service or any other rights or obligations under the Terms.

17.3 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CENEGENICS EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, OR THE USE OF THE SERVICE, WHETHER SOUNDING IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY OF LAW.

This waiver applies to all proceedings in any court, including any proceeding brought pursuant to Section 17.5 (Exceptions to Arbitration) or any proceeding to enforce, vacate, or modify an arbitration award. Each party acknowledges that this waiver is a material and independently bargained-for element of this dispute resolution agreement.

17.4 Class Action and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CENEGENICS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

(a) No Class Arbitration. The arbitrator shall have no authority to consolidate the claims of more than one individual, to conduct class-wide arbitration, or to award relief to any person other than the individual claimant.

(b) No Representative Claims. You expressly waive any right to bring or participate in any representative action, including any action under California’s Private Attorneys General Act (“PAGA”) or any equivalent statute under any other state’s law, to the fullest extent permitted by applicable law.

(c) Severability of Waiver. If any portion of this class and representative action waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful portion shall be severed from this Section 17; (ii) any such PAGA or representative claim shall be stayed pending resolution of any remaining arbitrable individual claims; and (iii) the remainder of this Section 17 shall remain in full force and effect.

17.5 Exceptions to Arbitration

The following are excluded from the binding arbitration requirement:

(a) Small Claims. Either party may bring an individual action in small claims court, provided that the claim is within the jurisdictional limits of that court and is brought and maintained on an individual basis only.

(b) Injunctive or Equitable Relief. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, or protect intellectual property rights, pending resolution of the dispute through arbitration. The pursuit of such interim relief shall not constitute a waiver of either party’s right to arbitration.

(c) Government Enforcement. Nothing in this Section 17 limits the right of any federal, state, or local government agency to seek relief on your behalf in its governmental capacity.

17.6 Governing Law; Venue

These Terms, and any Disputes not subject to arbitration pursuant to Section 17.5, are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. For any Dispute that is not subject to arbitration, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada.

17.7 Severability of Arbitration Agreement

If any provision of this Section 17, other than the Class Action and Representative Action Waiver in Section 17.4, is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Section 17 shall continue in full force and effect. If the Class Action and Representative Action Waiver in Section 17.4 is found to be unenforceable in its entirety, then the entirety of this Section 17 shall be null and void, and any dispute shall be resolved in a court of competent jurisdiction in accordance with Section 17, subject to the Jury Trial Waiver in Section 17.3 to the extent permitted by law.

18. Termination

Cenegenics may suspend or terminate your access to the Service at any time, with or without notice, and without liability to you, for any reason, including your violation of these Terms. Upon termination, your right to use the Service will immediately cease. You may terminate your use of the Service at any time by ceasing to use the Service and, if applicable, by requesting deletion of your account as described in Section 9. Termination of the Terms shall not relieve either party of any obligations or liabilities that accrued prior to termination.

19. Service Interruption

To ensure the best possible service level, Cenegenics reserves the right to interrupt the Service for maintenance, system updates, security measures, or any other changes, informing Users appropriately where reasonably practicable. Cenegenics may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, Cenegenics will cooperate with Users to enable them to retrieve their personal data or information in accordance with applicable law. The Service may also be unavailable due to reasons outside Cenegenics’s reasonable control, including force majeure events such as natural disasters, infrastructure failures, power outages, cyberattacks, or other events beyond Cenegenics’s control.

20. Service Reselling

You may not reproduce, duplicate, copy, sell, resell, or otherwise commercially exploit any portion of the Service without Cenegenics’s express prior written permission, granted either directly or through a legitimate authorized program.

21. Changes to These Terms

Cenegenics reserves the right to amend or otherwise modify these Terms at any time. When changes are made, Cenegenics will update the “Effective Date” at the top of this document and, where required by applicable law, will provide additional notice (such as by email or by a prominent notice on the Service). Changes will take effect immediately. Your continued use of the Service after the effective date of any amended Terms constitutes your acceptance of the revised Terms. If you do not wish to be bound by the changes, you must stop using the Service. The version of the Terms in effect at the time of any dispute shall govern that dispute.

22. No Waiver

Cenegenics’s failure to assert or enforce any right or provision under these Terms at any time shall not constitute a waiver of that right or provision. No single or partial exercise of any right shall preclude any further or other exercise of that or any other right. No waiver shall be effective unless made in writing and signed by an authorized representative of Cenegenics.

23. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. These Terms shall be enforced to the fullest extent permitted by law and constitute the entire agreement between you and Cenegenics with respect to the subject matter hereof, superseding all prior and contemporaneous agreements, representations, and understandings.

24. Assignment

Cenegenics may transfer, assign, dispose of by novation, or subcontract any or all of its rights or obligations under these Terms, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent. You may not assign or transfer any of your rights or obligations under these Terms without Cenegenics’s prior written consent. Any purported assignment in violation of this section shall be null and void.

25. SMS/MMS Communications

By opting in to SMS/MMS communications, you agree to receive text messages from Cenegenics at the mobile number you provide. Messages may include wellness updates, appointment reminders, promotional offers, and other Service-related communications.

You can opt out of SMS/MMS messages at any time by replying STOP to any message.

For help, reply HELP to any message or contact us directly:

• Email: help@cenegenics.com
• Phone: 866-240-0035

Additional terms applicable to SMS/MMS communications:

• Carriers are not liable for delayed or undelivered messages.
• Message and data rates may apply.
• Message frequency varies by user and program enrollment.
• For questions about your text plan or data plan, contact your wireless provider.

For information about how your contact information and communication data are collected and processed, including in connection with SMS/MMS communications, please review the Privacy Policy. Consent to receive automated or AI-generated communications may be obtained in accordance with applicable law, including the Telephone Consumer Protection Act (TCPA).

26. Contact Information

For all matters relating to these Terms or your use of the Service: