Terms & Conditions

Overview

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE KEEN MEDS PLATFORM. BY ACCESSING OR USING OUR WEBSITE (LIVEKEEN.CO), MOBILE APPLICATION, OR ANY RELATED SERVICES (COLLECTIVELY, THE "PLATFORM"), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 19, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THAT SECTION CAREFULLY.

NOTICE REGARDING CONTROLLED SUBSTANCES: CERTAIN PRODUCTS AVAILABLE THROUGH THE PLATFORM, INCLUDING TESTOSTERONE-BASED THERAPIES, ARE CLASSIFIED AS SCHEDULE III CONTROLLED SUBSTANCES UNDER FEDERAL LAW. ADDITIONAL TERMS AND RESTRICTIONS APPLY TO THESE PRODUCTS AS DESCRIBED IN SECTION 7.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE PLATFORM IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

1. Definitions

1.1

"Keen," "Keen Meds," "we," "us," or "our" refers to Keen, operated by Keen Meds Inc., a Delaware corporation with its principal office at 1550 Wewatta Street, Suite 200, Denver, CO 80202. "Keen" is the brand name under which Keen Meds Inc. operates.

1.2

"Platform" means the Keen Meds website located at livekeen.co, any associated mobile applications, and all related tools, features, and services provided by Keen Meds.

1.3

"Services" means all services offered through the Platform, including but not limited to membership management, health intake coordination, telehealth consultation facilitation, prescription coordination, product fulfillment, and customer support.

1.4

"Healthcare Provider" or "Clinician" means a licensed medical professional affiliated with our independent medical practice partner who provides telehealth consultations and prescribing services through the Platform. The specific medical practice and pharmacy partners are identified in Section 2.2.

1.5

"Pharmacy" means our licensed 503A compounding pharmacy partner that compounds, dispenses, and ships prescription medications ordered through the Platform.

1.6

"Products" means prescription medications and health-related products available through the Platform, including compounded hormone therapies delivered via Hypospray® technology.

1.7

"Member" or "you" refers to any individual who creates an account on the Platform or uses the Services. In the case of use by or on behalf of a minor, "you" includes the parent or legal guardian who provides consent to the use of the Services.

1.8

"PHI" means Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

1.9

"Membership" means a recurring subscription plan providing access to the Services, including telehealth consultations, prescription coordination, and product fulfillment.

2. About Keen Meds and Our Service Model

2.1 Platform Role

Keen Meds operates as a technology platform that connects Members with independent healthcare providers and pharmacy services for hormone optimization. Keen Meds is NOT a medical practice, does NOT employ physicians, and does NOT practice medicine. Keen Meds provides the technology infrastructure, membership management, billing, customer service, and coordination services that enable Members to access telehealth consultations and prescription products.

2.2 Three-Party Service Model

The Services involve three independent entities, each responsible for its own scope of operations:

• Keen Meds Inc. provides the technology platform, membership billing, customer support, intake coordination, and product fulfillment logistics.
• Our affiliated medical practice is an independent medical practice that employs or contracts with licensed clinicians who conduct telehealth consultations, make medical assessments, and issue prescriptions when clinically appropriate. Our affiliated medical practice is solely responsible for all medical decisions.
• Our partner pharmacy is an independent, licensed 503A compounding pharmacy that compounds, verifies, dispenses, and ships prescription medications pursuant to valid, patient-specific prescriptions issued by our affiliated medical practice's clinicians.

The specific entities providing medical and pharmacy services are identified in Section 26 (Service Partners) of these Terms.

2.3 No Guarantee of Prescription

COMPLETING A HEALTH INTAKE, CREATING AN ACCOUNT, OR PAYING FOR A MEMBERSHIP DOES NOT GUARANTEE THAT YOU WILL RECEIVE A PRESCRIPTION FOR ANY MEDICATION. LICENSED CLINICIANS AFFILIATED WITH OUR MEDICAL PRACTICE PARTNER EXERCISE INDEPENDENT MEDICAL JUDGMENT IN DETERMINING WHETHER A PRESCRIPTION IS CLINICALLY APPROPRIATE FOR YOU. PRESCRIBING DECISIONS ARE BASED SOLELY ON MEDICAL APPROPRIATENESS, YOUR HEALTH HISTORY, LABORATORY RESULTS, AND APPLICABLE CLINICAL GUIDELINES. IF A CLINICIAN DETERMINES THAT A PRESCRIPTION IS NOT MEDICALLY APPROPRIATE FOR YOU, YOU WILL NOT RECEIVE A PRESCRIPTION, AND NO REFUND SHALL BE OWED FOR THE CLINICAL CONSULTATION OR MEMBERSHIP FEES ASSOCIATED WITH THE EVALUATION PERIOD.

2.4 Hypospray® Delivery Technology

Products available through the Platform utilize Hypospray® spray delivery technology. Hypospray® is a registered trademark of its respective owner. Keen Meds is an authorized provider utilizing the Hypospray® platform. Keen Meds does not manufacture, own, or claim ownership of the Hypospray® technology.

2.5 Product Lines

Keen Meds offers the following product categories, subject to medical eligibility and clinician approval:

• Keen Meds for Men: Keen Testosterone Spray Therapy™ (Keen T-Spray™), GLP-1 Spray
• Keen Meds for Women: Testosterone Spray, Estrogen Spray, Progesterone Spray, GLP-1 Spray
• 3. Eligibility and Account Registration
• 3.1 Age Requirement

You must be at least eighteen (18) years of age to use the Platform and Services. By creating an account, you represent and warrant that you are at least 18 years old and are capable of forming a binding contract with Keen Meds. The Platform is not intended for individuals under the age of thirteen (13), and individuals under thirteen are prohibited from using any part of the Platform. If you are a parent or legal guardian of an individual under eighteen who you believe has used the Platform without your consent, please contact us at support@livekeen.co.

3.2 Geographic Availability

Services are available only in U.S. states where our affiliated medical practice's clinicians are licensed and authorized to practice telehealth medicine. You must be a legal resident of the United States and located in a state where our services are available. Service availability may change without notice as licensing requirements evolve. It is your responsibility to confirm that Services are available in your state before enrolling.

3.3 Account Registration

To access the Services, you must create an account by providing accurate, current, and complete information, including your legal name, date of birth, contact information, shipping address, and other information required during registration. You agree to promptly update your account information to keep it accurate and complete.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Keen Meds at support@livekeen.co if you become aware of any unauthorized use of your account. Keen Meds shall not be liable for any loss arising from unauthorized use of your account.

3.5 One Account Per Person

Each account is for a single individual. You may not create multiple accounts, share your account credentials, or allow any other person to access your account or use Services under your name. You may not create an account using false or misleading information, or on behalf of someone other than yourself without their express permission. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

3.6 Identity Verification

Keen Meds and/or our affiliated medical practice may require identity verification, including government-issued photo identification, as a condition of providing Services, particularly for controlled substance prescriptions as required by federal and state law.

4. Health Intake and Telehealth Consent
4.1 Health Intake Process

To receive clinical services, you must complete a comprehensive health intake questionnaire through the Platform. You agree to provide truthful, accurate, and complete health information, including your medical history, current medications, allergies, and pre-existing conditions. Providing false or misleading health information may result in inappropriate medical care, termination of your account, and potential legal consequences.

4.2 Telehealth Consent

By using the Services, you consent to receive healthcare services via telehealth (including asynchronous messaging, audio, and video consultations) provided by licensed clinicians affiliated with our medical practice partner. You understand and agree that:

• Telehealth consultations involve the delivery of healthcare services using electronic communications, information technology, or other means between a clinician and a patient who are not in the same physical location.
• Telehealth consultations have limitations compared to in-person visits, including the inability to perform physical examinations.
• The clinician may determine that your condition requires an in-person evaluation, and you may be referred to an in-person provider.
• You have the right to request an in-person consultation at any time and may withdraw your consent to telehealth services at any time by notifying us at support@livekeen.co, though this may affect your ability to receive certain services through the Platform.
• State-specific telehealth consent requirements may apply to your consultation. Where your state requires additional consent disclosures or procedures, our affiliated medical practice will provide them as part of the clinical workflow.
• In limited circumstances, certain states may require an initial in-person visit before telehealth prescribing. If this applies to you, Keen Meds or our affiliated medical practice will notify you before or during the intake process.
• Technical difficulties may interrupt or prevent your telehealth consultation; in such cases, you may be contacted to reschedule.
• You are responsible for ensuring you are in a private, secure location during telehealth consultations.
• 4.3 Laboratory Testing

Clinicians may require laboratory testing (bloodwork) as part of your clinical evaluation and ongoing care. Laboratory services may be performed by third-party laboratories independent from Keen Meds. You acknowledge that Keen Meds does not perform, interpret, or guarantee the accuracy of laboratory tests. You are responsible for completing required lab work in a timely manner and for any additional costs associated with lab services not included in your Membership. Failure to complete required laboratory testing may result in the inability to issue or continue prescriptions.

4.4 Ongoing Monitoring

Hormone optimization therapy requires ongoing clinical monitoring. You agree to comply with follow-up consultations, lab work, and monitoring schedules as directed by your clinician. Failure to comply with monitoring requirements may result in discontinuation of your prescriptions.

5. Hormone Therapy Informed Consent

5.1 General Risks

You acknowledge that all medications, including hormone therapies, carry potential risks and side effects. By proceeding with hormone therapy through the Platform, you acknowledge that your clinician has informed you (or will inform you during your consultation) of the potential benefits, risks, and alternatives to the proposed treatment.

5.2 Testosterone Therapy Risks

If you are prescribed testosterone therapy, you acknowledge and understand the following potential risks and side effects, which may include but are not limited to:

• Cardiovascular risks, including potential increased risk of heart attack, stroke, blood clots, and elevated blood pressure.
• Polycythemia (elevated red blood cell count), which requires regular monitoring and may necessitate dose adjustment or discontinuation.
• Reproductive effects, including reduced sperm production, testicular atrophy, and potential impacts on fertility. Testosterone therapy may impair fertility, and these effects may or may not be reversible upon discontinuation.
• Mood and behavioral changes, including irritability, mood swings, or changes in libido.
• Liver function changes requiring periodic monitoring.
• Skin reactions, including acne or oily skin.
• Sleep disturbances, including potential worsening of sleep apnea.
• For women: potential virilization effects including voice deepening, facial hair growth, and menstrual irregularities.
• 5.3 Estrogen and Progesterone Therapy Risks

If you are prescribed estrogen or progesterone therapy, you acknowledge potential risks including but not limited to blood clots, stroke, breast tenderness, mood changes, headaches, and potential effects on existing hormone-sensitive conditions.

5.4 GLP-1 Therapy Risks

If you are prescribed GLP-1 therapy, you acknowledge potential risks including but not limited to nausea, vomiting, diarrhea, constipation, abdominal pain, decreased appetite, pancreatitis risk, gallbladder problems, and potential thyroid effects.

5.5 Right to Withdraw Consent

You have the right to withdraw your consent to treatment at any time. To discontinue treatment, contact your clinician through the Platform or email support@livekeen.co. Discontinuation of certain hormone therapies should be done under medical supervision, and you are encouraged to consult with your clinician before stopping treatment.

5.6 Not a Substitute for Emergency Care

The Platform and Services are not intended for medical emergencies. If you experience a medical emergency, call 911 or go to your nearest emergency room immediately. Keen Meds and the telehealth services provided through the Platform are not a replacement for your primary care physician or specialist care.

6. Compounded Medication Disclosures

6.1 Compounding Pharmacy

Medications prescribed through the Platform are compounded by our partner pharmacy, a licensed 503A compounding pharmacy operating under applicable state board of pharmacy regulations and federal law.

6.2 FDA Disclosure

COMPOUNDED MEDICATIONS ARE NOT FDA-APPROVED. COMPOUNDED MEDICATIONS ARE PREPARED PURSUANT TO VALID, PATIENT-SPECIFIC PRESCRIPTIONS TO MEET INDIVIDUAL PATIENT NEEDS. THE FDA DOES NOT VERIFY THE SAFETY OR EFFICACY OF COMPOUNDED MEDICATIONS. COMPOUNDED MEDICATIONS MAY DIFFER FROM COMMERCIALLY AVAILABLE FDA-APPROVED PRODUCTS IN FORMULATION, CONCENTRATION, OR DELIVERY METHOD.

6.3 Quality Standards

Our partner pharmacy operates in compliance with applicable United States Pharmacopeia (USP) standards, state board of pharmacy regulations, and federal compounding requirements under Section 503A of the Federal Food, Drug, and Cosmetic Act. These standards govern ingredient sourcing, compounding procedures, quality testing, and storage conditions.

6.4 Ingredient Sourcing

Active pharmaceutical ingredients used in compounding are sourced from FDA-registered suppliers in compliance with applicable regulations.

6.5 Adverse Reactions

If you experience any adverse reaction to a compounded medication, you should discontinue use immediately and contact your healthcare provider. You may also report adverse events to the FDA MedWatch program at 1-800-FDA-1088 or www.fda.gov/medwatch.

7. Controlled Substance Compliance

7.1 Schedule III Classification

Certain products available through the Platform, including testosterone-based therapies, are classified as Schedule III controlled substances under the Controlled Substances Act (21 U.S.C. § 801 et seq.) and are regulated by the U.S. Drug Enforcement Administration (DEA).

7.2 Ryan Haight Act Compliance

In compliance with the Ryan Haight Online Pharmacy Consumer Protection Act (21 U.S.C. § 829(e)), all controlled substance prescriptions issued through the Platform require a valid prescriber-patient relationship, which includes at least one adequate medical evaluation conducted by a licensed clinician affiliated with our medical practice partner via telehealth or in-person consultation, as permitted by applicable federal and state law.

7.3 Prescribing Requirements

All controlled substance prescriptions are issued by DEA-registered clinicians affiliated with our medical practice partner who are licensed in your state of residence. Prescriptions are transmitted to our partner pharmacy in compliance with DEA regulations governing electronic prescribing of controlled substances (EPCS) where applicable.

7.4 Prohibition on Diversion

You agree that all controlled substance medications prescribed through the Platform are for your personal medical use only. You shall NOT:

• Share, sell, distribute, transfer, or otherwise divert your prescribed medications to any other person.
• Use prescribed medications for any purpose other than as directed by your prescribing clinician.
• Obtain or attempt to obtain controlled substances by fraud, deceit, misrepresentation, or subterfuge.
• Alter, forge, or tamper with any prescription.
• 7.5 Legal Consequences

Unauthorized distribution, diversion, or possession of Schedule III controlled substances is a federal crime punishable by imprisonment and fines under 21 U.S.C. § 841. Keen Meds will cooperate with law enforcement authorities in investigating suspected diversion or illegal activity.

7.6 Monitoring and Compliance

Keen Meds, our affiliated medical practice, and our partner pharmacy may utilize prescription drug monitoring programs (PDMPs), identity verification, and other compliance measures as required by federal and state law to prevent misuse and diversion of controlled substances.

7.7 Return of Controlled Substances

Due to DEA regulations governing controlled substances, medications containing controlled substances CANNOT be returned once dispensed. No refunds will be issued for dispensed controlled substance medications. See Section 13 for additional details regarding our return and refund policies.

8. Privacy, HIPAA, and Data Practices
8.1 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 HIPAA Compliance — Business Associate Status

Keen Meds functions as a Business Associate under HIPAA with respect to Protected Health Information (PHI) that it processes on behalf of our affiliated medical practice. Keen Meds maintains a Business Associate Agreement (BAA) with our affiliated medical practice governing the handling, security, and permitted uses of PHI. Keen Meds does not use or disclose PHI except as permitted by the BAA, these Terms, our Privacy Policy, and applicable law.

8.3 Security Safeguards

Keen Meds implements administrative, physical, and technical safeguards to protect PHI and personal information in accordance with HIPAA Security Rule requirements. These safeguards include but are not limited to encryption of data in transit and at rest, access controls, audit logging, workforce training, and incident response procedures.

8.4 Medical Records

Your medical records, including consultation notes, prescriptions, and lab results, are maintained by our affiliated medical practice as part of the clinical record. You may request access to your medical records by contacting our affiliated medical practice through the Platform or by emailing support@livekeen.co. Requests will be processed in accordance with HIPAA and applicable state law.

8.5 Sharing of Information

Your health information may be shared between Keen Meds, our affiliated medical practice, our partner pharmacy, laboratory providers, and other service providers as necessary to facilitate your care, in accordance with HIPAA and applicable state laws. Certain information you provide (such as account registration information, billing information, and general usage data) may not constitute PHI and is governed by our Privacy Policy rather than HIPAA.

8.6 De-Identified Data

Keen Meds may use de-identified health information (information from which all HIPAA identifiers have been removed in accordance with 45 C.F.R. § 164.514) for analytics, service improvement, and research purposes. De-identified data is not subject to HIPAA restrictions.

8.7 State Privacy Laws

In addition to HIPAA, Keen Meds complies with applicable state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA/CPRA). For state-specific privacy rights and disclosures, please refer to our Privacy Policy.

8.8 Breach Notification

In the event of a breach of unsecured PHI, Keen Meds will notify affected individuals and the U.S. Department of Health and Human Services in accordance with the HIPAA Breach Notification Rule (45 C.F.R. Part 164, Subpart D) and applicable state breach notification laws.

8.9 HIPAA Authorization

By using the Platform, you authorize the disclosure of your PHI as described in our Notice of Privacy Practices. You may revoke this authorization in writing at any time, except to the extent that action has already been taken in reliance on your authorization.

9. Membership and Subscription Terms

9.1 Membership Plans

Access to the Services requires an active Membership. Current Membership plans, pricing, and included services are described on the Platform at livekeen.co/pricing. Keen Meds reserves the right to modify Membership plans and pricing at any time, with notice to existing Members as described in Section 9.5.

9.2 Automatic Renewal

YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (MONTHLY OR AS OTHERWISE SPECIFIED) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. BY SUBSCRIBING TO A MEMBERSHIP, YOU AUTHORIZE KEEN MEDS TO CHARGE YOUR DESIGNATED PAYMENT METHOD AT THE THEN-CURRENT RATE FOR EACH RENEWAL PERIOD. THIS IS A RECURRING CHARGE UNTIL YOU CANCEL.

9.3 Cancellation

You may cancel your Membership at any time through your account settings on the Platform or by contacting support@livekeen.co. Cancellation will take effect at the end of your current billing period. You will continue to have access to Services through the remainder of your paid billing period. No refunds or credits will be issued for partial billing periods. If your Membership includes shipped products, you are responsible for any products that have already shipped or are in preparation for shipment at the time of cancellation.

9.4 Pausing

We may offer the ability to pause your Membership for a limited period. Pausing your Membership does not cancel it, and billing will resume at the end of the pause period unless you cancel before that time.

9.5 Price Changes

Keen Meds may change Membership pricing at any time. For existing Members, price changes will take effect at the start of the next billing cycle following at least thirty (30) days' written notice to the email address associated with your account. Your continued use of the Services after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your Membership before the price change takes effect.

9.6 Free Trial

If Keen Meds offers a free trial period, you may be required to provide payment information at enrollment. If you do not cancel before the end of the free trial, your Membership will automatically convert to a paid subscription, and your payment method will be charged the applicable Membership fee. Free trial eligibility is limited to one trial per person.

9.7 Taxes

Membership fees are exclusive of applicable taxes. You are responsible for all applicable sales tax, use tax, or similar taxes imposed by any governmental authority in connection with your Membership and purchases.

10. Payment and Billing

10.1 Payment Authorization

By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize Keen Meds (or its payment processor) to charge your payment method for all fees incurred in connection with your Membership and product purchases.

10.2 Payment Processing

Keen Meds uses Stripe as its payment processor to process transactions. All payment information is handled in accordance with Payment Card Industry Data Security Standards (PCI-DSS). Keen Meds does not store your full credit card number on its servers. Payment processing is subject to the terms and conditions and privacy policies of Stripe (stripe.com/legal).

10.3 Insurance and Reimbursement

Keen does not accept, process, or bill health insurance of any kind. All services and products offered through the Platform are paid for directly by you. You are solely responsible for all costs associated with services and products obtained through the Platform. You may attempt to seek reimbursement from your insurer independently, but Keen makes no representations regarding eligibility for insurance reimbursement and does not provide superbills or insurance claim documentation.

10.4 Billing Errors

If you believe there is an error in your billing, you must contact us at support@livekeen.co within sixty (60) days of the charge. Keen Meds will investigate the claim and, if an error is confirmed, issue a correction or refund as appropriate.

10.5 Failed Payments

If your payment method is declined or a payment fails, Keen Meds may attempt to process the charge again. If payment cannot be collected after reasonable attempts, your Membership may be suspended or terminated, and access to Services (including prescription refills) may be interrupted.

10.6 Collections

If amounts owed to Keen Meds remain unpaid, Keen Meds reserves the right to engage collection efforts, including referral to a third-party collection agency, and to report delinquent accounts to credit reporting agencies as permitted by law.

11. Terms of Sale — Products

11.1 Product Availability

Products are subject to availability and may be modified or discontinued at any time. Product descriptions, images, and pricing on the Platform are provided for informational purposes and are subject to change. All prices are in U.S. dollars.

11.2 Prescription Requirement

All prescription Products require a valid prescription from a licensed clinician. Orders for prescription Products will not be fulfilled without a current, valid prescription.

11.3 Order Acceptance

Your receipt of an order confirmation does not signify acceptance of your order. Keen Meds reserves the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in description or pricing, or errors in your order. If an order is cancelled after payment, a refund will be issued.

11.4 Shipping

Products are shipped from our partner pharmacy to the address on file in your account. You are responsible for ensuring your shipping address is accurate and current. Shipping timelines are estimates and are not guaranteed. Keen Meds is not responsible for delays caused by shipping carriers, weather, or other circumstances beyond our control.

11.5 Inspection and Acceptance

You agree to inspect Products promptly upon receipt. If you receive a damaged, defective, or incorrect Product, you must notify us within forty-eight (48) hours of delivery by contacting support@livekeen.co.

11.6 Temperature-Sensitive Products

Certain Products may require specific storage conditions. You are responsible for properly storing Products according to the instructions provided with your shipment. Keen Meds is not liable for Product degradation resulting from improper storage after delivery.

12. Prohibited Uses

You agree not to use the Platform for any purpose that is unlawful or prohibited by these Terms. Without limitation, you shall not:

• Use the Platform in violation of any applicable federal, state, or local law or regulation.
• Provide false, inaccurate, or misleading information during registration, health intake, or at any other time.
• Attempt to obtain prescriptions or medications through fraud, deceit, or misrepresentation.
• Use another person's account, identity, or personal information without authorization.
• Obtain or attempt to obtain prescription medications for any person other than yourself.
• Sell, resell, distribute, or divert any medication or product obtained through the Platform.
• Interfere with or disrupt the Platform's infrastructure, security features, or other users' access.
• Introduce any virus, malware, or harmful code to the Platform.
• Scrape, data-mine, or harvest data from the Platform without written consent.
• Use the Platform to transmit unsolicited communications or spam.
• Attempt to circumvent any access controls, security measures, or rate limitations.
• Harass, abuse, or threaten any healthcare provider, pharmacy staff, or Keen Meds personnel.
• Use the Platform for any purpose other than your personal healthcare needs as a registered Member.
• 13. Returns, Refunds, and Cancellation
• 13.1 General Refund Policy

Due to the nature of prescription medications and personalized health services, refunds are limited as described in this Section. For the full refund policy, see our Refund & Cancellation Policy.

13.1A Child-Resistant Packaging

Products shipped by our partner pharmacy may not always include child-resistant packaging. You are responsible for storing all prescription medications in a safe location out of the reach of children and pets.

13.2 Controlled Substance Returns

Pursuant to DEA regulations, prescription medications classified as controlled substances (including testosterone-based therapies) CANNOT be returned once dispensed. No refunds will be issued for dispensed controlled substance medications.

13.3 Non-Controlled Prescription Returns

Compounded non-controlled prescription medications cannot be returned or reused once dispensed due to safety and regulatory requirements. No refunds will be issued for dispensed non-controlled prescription medications, except in the case of demonstrable dispensing errors by our partner pharmacy.

13.4 Damaged or Defective Products

If you receive a Product that is damaged in transit, defective, or incorrect, contact us within forty-eight (48) hours of delivery. Upon verification, Keen Meds will arrange a replacement at no additional cost or issue a refund at its discretion.

13.5 Membership Refunds

No refunds will be issued for partial billing periods. If Keen Meds terminates your Membership without cause during a paid billing period, you will receive a pro-rata refund for the unused portion of that billing period.

13.6 Prescription Denial

If a clinician determines that no prescription is medically appropriate for you after evaluation, the consultation fee is non-refundable, as clinical services were rendered. You may be eligible for a refund of any prepaid product fulfillment fees, less the consultation and evaluation charges.

13.7 FTC Autorenewal Compliance

In compliance with the Federal Trade Commission's guidelines on negative option marketing, Keen Meds provides clear and conspicuous disclosure of autorenewal terms before you enroll, obtains your affirmative consent to the autorenewal terms, and provides a simple mechanism to cancel. You may cancel at any time through your account settings or by contacting support@livekeen.co.

13.8 Chargebacks and Payment Disputes

If you have a concern about a charge, you must contact us at support@livekeen.co before initiating a chargeback or dispute with your bank or credit card company. If you initiate a chargeback or payment dispute without first attempting to resolve the issue with Keen Meds, we reserve the right to:

• Suspend or terminate your Membership and access to the Platform pending resolution of the dispute;
• Provide documentation to your financial institution demonstrating that the charge was authorized and that services or products were delivered; and
• Recover any costs associated with responding to the chargeback, including administrative fees, to the extent permitted by law.

Filing a chargeback for a legitimate, authorized charge constitutes a violation of these Terms and may result in permanent account termination. For full details, see our Refund & Cancellation Policy.

14. Intellectual Property

14.1 Keen Meds Intellectual Property

The Platform and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof) are the property of Keen Meds Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

14.2 Trademarks

The following are trademarks or registered trademarks of Keen Meds Inc.: Keen™, Keen Meds™, LiveKeen™, "Optimize. Perform. Thrive."™, Keen Testosterone Spray Therapy™, Keen T-Spray™, and the Keen Meds logo and design marks. All other trademarks, service marks, trade names, and logos appearing on the Platform are the property of their respective owners. You may not use these marks without our prior written consent.

14.3 Third-Party Trademarks

Hypospray® is a registered trademark of its respective owner. Keen Meds is an authorized provider utilizing the Hypospray® platform. Reference to Hypospray® on the Platform is for descriptive purposes only and does not imply ownership, endorsement, or sponsorship by Keen Meds.

14.4 Limited License

Subject to your compliance with these Terms, Keen Meds grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. This license does not include the right to:

• Modify, copy, distribute, or create derivative works based on the Platform;
• Reverse engineer or decompile any software used in the Platform;
• Remove any proprietary notices from Platform materials; or
• Use the Platform for any commercial purpose or for the benefit of any third party.
• 14.5 User Content

By submitting content to the Platform (including health intake responses, messages, reviews, or feedback), you grant Keen Meds a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with operating and improving the Services, subject to our Privacy Policy and applicable health information privacy laws. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate the rights of any third party.

15. Third-Party Services and Links

15.1 Third-Party Services

The Platform may integrate with or provide links to third-party websites, applications, or services (including payment processors, laboratory services, and shipping carriers). These third-party services are governed by their own terms and privacy policies. Keen Meds does not endorse, control, or assume responsibility for any third-party services.

15.2 Laboratory Services

Lab testing required as part of your clinical care may be performed by third-party laboratories. Your use of laboratory services is subject to the terms and conditions of the respective laboratory provider.

15.3 No Liability for Third Parties

Keen Meds is not responsible or liable for any damage, loss, or injury caused by or in connection with your use of any third-party services, products, or content.

16. Limitation of Liability and Disclaimers

16.1 Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KEEN MEDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KEEN MEDS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

16.2 Medical Disclaimer

KEEN MEDS IS A TECHNOLOGY PLATFORM AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL MEDICAL SERVICES ARE PROVIDED BY INDEPENDENT, LICENSED CLINICIANS AFFILIATED WITH BELUGA HEALTH P.A. KEEN MEDS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, OR OUTCOMES OF MEDICAL CARE PROVIDED THROUGH THE PLATFORM.

16.3 No Guaranteed Outcomes

KEEN MEDS DOES NOT GUARANTEE ANY SPECIFIC HEALTH OUTCOME, TREATMENT RESULT, OR THERAPEUTIC EFFECT. INDIVIDUAL RESULTS VARY BASED ON NUMEROUS FACTORS INCLUDING GENETICS, ADHERENCE TO TREATMENT PROTOCOLS, AND OVERALL HEALTH STATUS.

16.4 Three-Party Liability Allocation

You acknowledge and agree that:

• Keen Meds Inc. is responsible solely for the operation of the technology platform, membership billing, customer support, and coordination services. Keen Meds is NOT liable for medical decisions, prescribing actions, or clinical care.
• Our affiliated medical practice (identified in Section 26) is solely responsible for all medical decisions, clinical assessments, prescribing, and the quality of medical care provided by its affiliated clinicians. Claims arising from medical care should be directed to the medical practice.
• Our partner pharmacy (identified in Section 26) is solely responsible for the compounding, dispensing, quality control, and shipping of prescription medications. Claims arising from medication compounding or dispensing errors should be directed to the pharmacy.
• Each party is liable only for its own acts and omissions. Keen Meds shall not be held vicariously liable for the acts or omissions of our affiliated medical practice or our partner pharmacy.
• 16.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEEN MEDS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF KEEN MEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.6 Liability Cap

KEEN MEDS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO KEEN MEDS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

16.7 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless Keen Meds Inc., its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform or Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your provision of false, inaccurate, or misleading information.
• Any dispute between you and a third party arising from your use of the Services.
• Your misuse, diversion, or unauthorized distribution of prescription medications.
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right.
• 18. Electronic Communications

By using the Platform or providing your email address or phone number, you consent to receive electronic communications from Keen Meds, including but not limited to emails, text messages, push notifications, and in-app messages. These communications may include:

• Account and transaction confirmations.
• Subscription and billing notices.
• Health-related communications from your healthcare provider.
• Marketing and promotional messages (from which you may opt out).
• Updates to these Terms, our Privacy Policy, or other legal notices.

You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing message or by contacting us at support@livekeen.co. Opting out of marketing communications does not affect transactional or service-related communications.

SMS/Text Message Program Terms. By opting in to text messages from Keen Meds, you agree to the following: Program name: Keen Meds Alerts. Message frequency varies based on your care schedule and account activity. Message and data rates may apply. You may opt out at any time by replying STOP to any message. For help, reply HELP or contact support@livekeen.co. For full SMS program details, see our SMS Consent Policy. Consent to receive text messages is not a condition of purchase.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Keen Meds at legal@livekeen.co to attempt to resolve the dispute informally. The parties shall negotiate in good faith for at least sixty (60) days from the date of the initial written notice before either party may initiate arbitration.

19.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Keen Meds agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified herein or as otherwise agreed by the parties.

19.3 Arbitration Procedures

The arbitration shall be conducted by a single arbitrator. Unless the parties agree otherwise or the arbitrator determines that in-person proceedings are necessary, the arbitration shall be conducted via telephone, video conference, or written submissions. The arbitrator shall apply Delaware substantive law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief.

19.4 Arbitration Fees and Cost Protections

Keen Meds will pay all AAA filing fees, administration fees, and arbitrator fees that exceed the amount it would cost you to file a claim in small claims court in your county of residence. If the arbitrator finds that your claim was frivolous or brought in bad faith, you may be required to reimburse Keen Meds for such fees to the extent permitted by the AAA Rules and applicable law.

19.5 Class Action Waiver

YOU AND KEEN MEDS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND SHALL NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.

19.6 Mass Arbitration Protocol

In the event that thirty (30) or more similar arbitration demands are filed against Keen Meds within a sixty (60) day period ("Mass Arbitration"), the parties agree to the following bellwether process:

• Up to ten (10) individual arbitrations shall be selected at random and arbitrated first;
• All remaining arbitrations shall be stayed pending resolution of the bellwether cases;
• Following the bellwether results, the parties shall engage in a single mediation session to attempt to resolve the remaining claims; and
• If mediation is unsuccessful, the remaining claims shall proceed in batches of ten (10) as agreed by the parties or ordered by the AAA.
• 19.7 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court (generally claims under $10,000), provided the claim is brought in the county of the claimant's residence or New Castle County, Delaware. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

19.8 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to Keen Meds at: Keen Meds Inc., Attn: Arbitration Opt-Out, 1550 Wewatta Street, Suite 200, Denver, CO 80202, or by emailing legal@livekeen.co, within thirty (30) days of your first acceptance of these Terms. Your opt-out notice must include your full name, account email address, mailing address, and a clear statement that you wish to opt out of arbitration. If you timely opt out, the Governing Law and Jurisdiction provisions in Section 20 shall apply.

19.9 Severability of Arbitration Provisions

If any portion of this Section 19 is found to be unenforceable, the remaining portions shall remain in full force and effect. If the Class Action Waiver in Section 19.5 is found to be unenforceable as to a particular claim or request for relief, the parties agree that such claim or request for relief shall be severed and proceed in individual arbitration, and the Class Action Waiver shall remain enforceable as to all other claims.

19.10 Survival

This arbitration agreement shall survive termination of these Terms, cancellation of your Membership, or deletion of your account.

20. Governing Law and Jurisdiction

20.1 Governing Law

These Terms and any Dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles, except to the extent preempted by federal law (including the Federal Arbitration Act with respect to Section 19).

20.2 Jurisdiction

For any Dispute not subject to arbitration (including Disputes where the arbitration provision is found unenforceable, or where you have timely opted out of arbitration), the exclusive jurisdiction and venue shall be the state and federal courts located in New Castle County, Delaware. You consent to personal jurisdiction in such courts.

21. Termination

21.1 Termination by You

You may terminate your account and Membership at any time by contacting support@livekeen.co or through your account settings. Termination of your Membership does not relieve you of any obligation to pay fees incurred prior to termination.

21.2 Termination by Keen Meds

Keen Meds may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including but not limited to situations where:

• You breach any provision of these Terms.
• Keen Meds is required to do so by law or regulatory order.
• You engage in conduct that Keen Meds reasonably believes poses a risk to the safety or integrity of the Platform or other users.
• Your account is associated with suspected fraud, abuse, or diversion of controlled substances.
• You fail to pay amounts owed when due.
• You provide false or misleading medical information.
• 21.3 Effect of Termination

Upon termination:

• Your right to use the Platform ceases immediately;
• Any pending prescriptions may not be fulfilled, though valid prescriptions issued prior to termination are not affected;
• Your obligation to pay outstanding fees survives;
• Keen Meds may retain your information as required by law, including medical record retention requirements and DEA record-keeping requirements.

Sections that by their nature should survive termination shall survive, including but not limited to Sections 7, 8, 14, 16, 17, 19, 20, and this Section 21.

22. Modifications to Terms

22.1 Right to Modify

Keen Meds reserves the right to modify these Terms at any time. Material changes will be communicated to you via email to the address associated with your account or through a prominent notice on the Platform at least thirty (30) days before the changes take effect.

22.2 Acceptance of Modifications

Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform and cancel your Membership before the effective date.

22.3 Version History

Keen Meds maintains a record of prior versions of these Terms, including the effective dates of each version. You may request prior versions by contacting legal@livekeen.co.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy, Notice of Privacy Practices, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Keen Meds concerning the Platform and Services, and supersede all prior or contemporaneous agreements, representations, and understandings.

23.2 Severability

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

23.3 Waiver

The failure of Keen Meds to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Keen Meds.

23.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of Keen Meds. Keen Meds may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

23.5 Force Majeure

Keen Meds shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, supply chain disruptions, power outages, internet service failures, or acts of terrorism.

23.6 Notices

Keen Meds may provide notices to you via email to the address associated with your account, through the Platform, or by mail to the address associated with your account. Notices to Keen Meds must be sent to:

• Keen Meds Inc.
• Attn: Legal Department
• 1550 Wewatta Street, Suite 200
• Denver, CO 80202

Email: legal@livekeen.co

23.7 Headings

Section headings are for reference purposes only and shall not affect the interpretation of these Terms.

23.8 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and Keen Meds. Keen Meds and its affiliated medical practice are independent entities, and nothing in these Terms shall be construed to create an employment, agency, or partnership relationship between them.

23.9 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided herein.

24. State-Specific Disclosures

24.1 California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA/CPRA). Please refer to our Privacy Policy for details. You may also contact the California Department of Consumer Affairs, Consumer Information Division, at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

24.2 Telehealth State Requirements

Telehealth services may be subject to additional state-specific requirements, including but not limited to informed consent procedures, prescribing limitations, and supervision requirements. Our affiliated medical practice maintains compliance with state-specific telehealth laws in each state where its clinicians are licensed to practice. If your state imposes additional requirements, they will be communicated to you during the clinical intake process.

25. Contact Information

For questions or concerns regarding these Terms, please contact us:

• Keen Meds Inc.
• 1550 Wewatta Street, Suite 200
• Denver, CO 80202

Email: support@livekeen.co

Privacy Inquiries: privacy@livekeen.co

Legal Inquiries: legal@livekeen.co

General Questions: ask@livekeen.co

Website: livekeen.co

26. Service Partners

The following independent entities provide medical and pharmacy services in connection with the Platform:

26.1 Medical Practice

Beluga Health P.A. is an independent medical practice that employs or contracts with licensed clinicians who conduct telehealth consultations, make medical assessments, and issue prescriptions when clinically appropriate. Beluga Health P.A. is solely responsible for all medical decisions and clinical care. Contact: privacy@belugahealth.com.

26.2 Pharmacy

The Pharmacy Hub is an independent, licensed 503A compounding pharmacy that compounds, verifies, dispenses, and ships prescription medications pursuant to valid, patient-specific prescriptions issued by Beluga Health P.A. clinicians.

26.3 Payment Processor

Stripe processes all payments on behalf of Keen Meds. Payment processing is subject to the Stripe Services Agreement (stripe.com/legal).

26.4 Independence

Each service partner identified in this section is an independent entity. Keen Meds does not employ, control, or direct the clinical judgment of Beluga Health P.A. clinicians or the compounding practices of The Pharmacy Hub. Each entity is responsible for its own regulatory compliance and professional obligations.

27. Acknowledgment

BY CREATING AN ACCOUNT, SUBSCRIBING TO A MEMBERSHIP, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 19. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND KEEN MEDS INC.

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