Terms of Service & Conditions

1. Introduction

These Terms of Service & Conditions (this "Agreement") are a binding contract between you ("you" or "your") and Open Water Rx LLC, doing business as Surfbound Health ("Surfbound," "we," "us," or "our"). This Agreement governs your access to and use of the website located at surfbound.co and all content, features, products, and services made available on, through, or in connection with the website (collectively, the "Services").

By creating an account, placing an order, accessing, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by this Agreement in full. If you do not agree to every provision of this Agreement, you must immediately stop using the Services.

We may update this Agreement from time to time. When we do, we will post the revised version on this page and update the "Last Updated" date. Material changes may also be communicated to you via email or through your account. Your continued use of the Services after an update takes effect constitutes acceptance of the revised Agreement.

Mailing address: Open Water Rx LLC, 5005 W Laurel Street, Suite 100 PMB 1026, Tampa, FL 33607, USA.

2. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this requirement and that you are not prohibited from receiving the Services under the laws of the United States or any applicable jurisdiction. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.

3. Our Business Model & Role

Surfbound is a technology and administrative platform. We do not practice medicine, we do not employ or supervise healthcare providers, and we do not operate pharmacies. We connect individuals to a network of independent, licensed healthcare providers who evaluate each patient and, if medically appropriate, may prescribe treatment. When a prescription is issued, it is dispensed by independent, licensed pharmacies.

Providers and pharmacies control their own professional services. They independently determine the medical appropriateness of any treatment. Surfbound does not make clinical or prescribing decisions and does not control, direct, or influence the professional judgment of providers or pharmacies.

Surfbound charges only after a provider approves your order; if the provider declines, nothing is charged. Completing an intake form, submitting payment information, or making a payment does not guarantee that a prescription will be issued. If the independent licensed provider determines that treatment is not medically appropriate for you, you will receive a 100% refund of any amounts already paid for that order.

4. Billing & Payments

No Separate Membership Fee.

Surfbound does not charge a separate membership fee. You pay for your treatment plan, not for the right to access the platform.

Monthly Billing & Automatic Renewal.

Treatment plans bill on a monthly basis. Your plan automatically renews each month until you cancel. By enrolling in a treatment plan, you authorize Surfbound (or its payment processor) to charge your payment method on file the recurring plan price for each monthly period.

Declined Charges; Account Updater.

If a charge is declined, Surfbound or its payment processor may retry the charge. Where legally permitted, we may use card-network account updater services to obtain updated payment card information to prevent service interruption.

Price Changes.

We may change pricing prospectively after providing reasonable notice to you (such as through email or your account). Price changes apply to future renewal periods, not to your current period.

Use of Treatment.

Your obligation to pay for a treatment plan is not affected by whether you use the medication during that period. Failure to use the treatment does not eliminate an authorized charge.

5. Cancellation

You may cancel future renewals at any time through your patient portal or another cancellation method that Surfbound makes available. There is no cancellation fee and no long-term commitment.

Cancellation is effective for future orders if completed before your next prescription or order enters pharmacy processing. Once an order enters pharmacy processing — including preparation, compounding, fulfillment, or shipment — that order is noncancelable and nonrefundable, except where required by applicable law or where Surfbound expressly approves a refund in its discretion.

Cancellation stops future recurring charges. It does not cancel or refund an order that has already entered processing as described above.

6. Medication Shipping

Delivery dates provided at checkout, through your account, or in any communication are estimates only — not guarantees. Shipping delays, whether caused by the carrier, weather, pharmacy processing times, or other circumstances, do not by themselves create a right to a refund.

You must provide an accurate, complete, and deliverable shipping address. You are responsible for promptly retrieving delivered medication. Surfbound is generally not responsible for theft, porch exposure, delayed retrieval, incorrect or incomplete addresses, carrier events, weather conditions, or other circumstances outside our reasonable control following carrier handoff.

7. Temperature & Thawed Medication

Shipping materials — including cold packs and insulated packaging — are designed to help protect medication during transit. However, Surfbound does not guarantee that cold packs will remain frozen throughout delivery.

Customers should inspect medication promptly after delivery. If injectable medication arrives warm, appears improperly refrigerated, is damaged, or raises storage concerns, the customer should contact Surfbound promptly and should not use the medication until they receive guidance from the dispensing pharmacy or prescribing provider.

Medication quality and acceptable temperature exposure depend on the specific formulation, concentration, packaging, pharmacy stability data, and storage instructions. Warm arrival does not automatically guarantee a refund or replacement. Refund or replacement eligibility is determined after review by Surfbound and/or the dispensing pharmacy based on the available evidence, pharmacy guidance, applicable law, and whether the medication is determined to be compromised.

For a temperature-related claim, Surfbound may require photographs of the medication, vial or container, prescription label, shipping package, insulation, cold packs, tracking information, delivery time, retrieval time, and a description of storage after delivery. Customers must provide reasonable documentation when requested.

You must retain the medication and packaging while your claim is under review. Do not dispose of any items until Surfbound or the dispensing pharmacy instructs you to do so. Never use medication that the dispensing pharmacy or prescribing provider determines may be compromised.

8. Compounded Medications

Compounded medications are not approved by the U.S. Food and Drug Administration (FDA). The FDA does not review compounded medications for safety, effectiveness, or quality before they are marketed. Formulations, concentrations, and inactive ingredients may vary by compounding pharmacy.

Compounded products must not be represented as identical to, generic equivalents of, or clinically interchangeable with FDA-approved branded products. Compounded medications are prescribed and dispensed based on the independent clinical judgment of your licensed provider and the professional standards of the dispensing pharmacy — not on a claim of equivalence to any brand-name drug.

Treatment outcomes are not guaranteed. Individual results vary, and Surfbound does not warrant that any treatment will achieve a particular result for any individual.

9. Disclaimers & Limitations of Liability

As Is; As Available.

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied — including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantee of Uninterrupted Service.

Surfbound does not guarantee that the Services will be uninterrupted, error-free, secure, or continuously available, or that any provider, pharmacy, medication, or treatment will be available at any particular time or in any particular location.

Exclusion of Certain Damages.

To the fullest extent permitted by applicable law, Surfbound shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including, without limitation, lost profits, loss of data, or personal injury — arising out of or in connection with this Agreement or your use of the Services, regardless of the legal theory asserted (whether contract, tort, strict liability, or otherwise), even if Surfbound has been advised of the possibility of such damages.

Cap on Liability.

To the fullest extent permitted by applicable law, Surfbound's aggregate liability arising out of or in connection with this Agreement or the Services shall not exceed one thousand dollars ($1,000). This cap applies to all claims in the aggregate — not per claim.

Time to Bring Claims.

To the fullest extent permitted by applicable law, any claim arising out of or in connection with this Agreement or the Services must be commenced within one (1) year after the claim accrues. Any claim not brought within that period is permanently barred.

Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Surfbound and its officers, directors, members, managers, owners, employees, agents, representatives, parents, subsidiaries, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your fraud, misuse, or illegal conduct; (b) your provision of false, inaccurate, or misleading information; (c) your diversion, resale, or misuse of prescription medication; (d) your breach of this Agreement; or (e) your infringement of any third-party rights, including intellectual property rights.

Account Suspension or Termination.

Surfbound may suspend or terminate your account and your access to the Services at any time, without prior notice, for fraud, abuse, nonpayment, unsafe behavior, regulatory concerns, or any violation of this Agreement. Surfbound shall not be liable for any loss resulting from such suspension or termination.

Changes to Providers and Partners.

Surfbound may change the providers, pharmacies, fulfillment partners, payment processors, and other vendors through which the Services are delivered at any time, without notice to you.

Assignment.

Surfbound may assign this Agreement, in whole or in part, to any affiliate, purchaser, successor, or acquirer without your consent. You may not assign or transfer this Agreement or any of your rights or obligations under it without Surfbound's prior written consent. Any attempted assignment in violation of this provision is void.

10. Dispute Resolution; Binding Arbitration; Class Action Waiver

This section contains a mandatory arbitration provision, a jury trial waiver, and a class action waiver. Please read it carefully.

Informal Resolution.

Before initiating any arbitration or other legal proceeding, you and Surfbound each agree to attempt to resolve the dispute informally. The party raising the dispute must send a written notice describing the claim and the relief sought to the other party. For notices to Surfbound, send to: Open Water Rx LLC, Attn: Legal, 5005 W Laurel Street, Suite 100 PMB 1026, Tampa, FL 33607, with an email copy to [email protected], subject line: "Dispute Notice." Both parties agree to negotiate in good faith for a period of at least sixty (60) days after receipt of the written notice before either party may commence arbitration or file a claim in small claims court.

Binding Arbitration.

Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or your relationship with Surfbound — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — shall be resolved exclusively through final, binding, and confidential arbitration administered by JAMS under its Comprehensive Arbitration Rules & Procedures then in effect. The arbitration shall be conducted before a single arbitrator. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

Waiver of Jury Trial.

By agreeing to arbitration, both you and Surfbound waive the right to a trial by jury for any dispute covered by this arbitration provision.

Class Action Waiver.

All disputes must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable in whole or in part with respect to a particular claim, that claim shall proceed in court rather than in arbitration, but only after all arbitrable claims have been resolved in arbitration.

Small Claims Exception.

Either party may elect to bring an individual claim in small claims court, provided the claim falls within the court's jurisdictional limits and proceeds on an individual (non-class, non-representative) basis.

Injunctive Relief Exception.

Nothing in this section prevents Surfbound from seeking urgent injunctive or equitable relief in a court of competent jurisdiction for claims involving fraud, intellectual property infringement, hacking, security breaches, unauthorized system access, or misappropriation of trade secrets — without first engaging in the informal resolution process or arbitration. You agree that Surfbound may seek such relief in any court of competent jurisdiction.

Attorneys' Fees.

Each party shall bear its own attorneys' fees and costs in any arbitration or proceeding, unless applicable law requires otherwise or the arbitrator awards fees and costs to the prevailing party as permitted by applicable law.

Arbitration Opt-Out.

You may opt out of this arbitration provision within thirty (30) days of first accepting this Agreement by sending a signed, written notice to Surfbound at: Open Water Rx LLC, Attn: Legal — Arbitration Opt-Out, 5005 W Laurel Street, Suite 100 PMB 1026, Tampa, FL 33607. The notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of the arbitration provision. The opt-out must be submitted individually by you (not by a third party or as part of a group submission). Opting out will not affect any other provision of this Agreement.

Severability of Dispute Resolution Provisions.

If any portion of this Section 10 is found to be unenforceable, that portion shall be severed, and the remainder shall remain in full force and effect. The jury trial waiver, class action waiver, and arbitration provision are each independently severable. If the arbitration provision is found unenforceable in its entirety, all disputes shall be resolved exclusively in the courts specified in Section 10(k) below.

Governing Law & Venue.

This Agreement and any dispute arising out of or relating to it shall be governed by the laws of the State of Florida, without regard to its conflict-of-law principles. For any court proceeding permitted under this Agreement (including small claims actions, proceedings to enforce an arbitration award, or proceedings following a severance of the arbitration provision), the exclusive venue and jurisdiction shall be the state and federal courts located in Hillsborough County, Florida. You and Surfbound each consent to the personal jurisdiction of such courts and waive any objection based on improper or inconvenient venue or forum.

11. Customer Responsibilities

You are responsible for providing accurate, complete, and current medical, identity, shipping, contact, and payment information. You must promptly update your information if anything changes.

You must monitor communications from your provider and Surfbound, follow your prescription instructions, and accurately disclose all medications, supplements, and medical conditions during your intake and any follow-up consultations. If you experience any adverse reaction or medical concern, you must contact your provider promptly.

You are responsible for maintaining the security and confidentiality of your account credentials. You must not share, resell, divert, transfer, or otherwise misuse prescription medication dispensed to you. Any misuse, resale, or diversion may result in immediate termination of your account and referral to law enforcement.

12. Privacy & Your Information

Surfbound processes your personal and health information only as reasonably necessary to operate the Services, facilitate treatment and pharmacy fulfillment, process payments, provide customer support, protect our legal rights, and perform the activities described in our Privacy Policy.

Surfbound does not claim broad commercial rights over your medical information. Our collection, use, and sharing of your data is governed by our Privacy Policy, which is incorporated into this Agreement by reference. If there is a conflict between this Agreement and the Privacy Policy on matters of data handling, the Privacy Policy controls.

13. SMS Messaging Terms

These SMS Messaging Terms govern the sending and receipt of text messages (SMS and MMS) by Open Water Rx LLC d/b/a Surfbound Health ("Surfbound," "we," "us," or "our"). You will only receive text messages for the categories to which you separately consent. Providing your telephone number — whether through an intake form, account registration, checkout, or any other means — does not, by itself, constitute consent to receive SMS messages.

A. Marketing SMS

Marketing text messages may include special offers, discounts, promotions, new service announcements, and marketing-related service updates. Marketing SMS is sent only when you provide separate, affirmative marketing consent.

B. Non-Marketing SMS

Non-marketing text messages may include appointment reminders, care or service updates that do not disclose sensitive medical information, account notifications, order and status notifications, billing-related notifications, and customer-service communications. Non-marketing SMS is sent only when you provide its own affirmative consent where legally or A2P-required.

Marketing SMS and non-marketing SMS are separate and independent consent categories. Each category requires its own separate affirmative opt-in, and consent to one category does not automatically grant consent to the other. SMS consent is entirely optional: you are never required to consent to SMS, whether marketing or non-marketing, and consent to SMS is not a condition of purchasing or using Surfbound's services. Providing your telephone number alone does not constitute consent to receive SMS messages, and you may receive some categories and not others based on the consent you provide.

Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

To opt out of text messages at any time, reply STOP to any message. For assistance, reply HELP or contact us at [email protected] or (941) 315-5217.

Your SMS consent is never sold, shared, or transferred to third parties or affiliates for their own marketing or promotional purposes. Opting out of SMS does not prevent you from continuing to use Surfbound's services. Your use of text messaging is also governed by our Privacy Policy.

14. General Provisions

Intellectual Property.

The Services — including all content, text, graphics, logos, icons, designs, software, and data — are owned by Surfbound or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, create derivative works from, publicly display, or exploit any part of the Services without Surfbound's prior written consent.

Prohibited Uses.

You may not use the Services: (a) for any unlawful purpose or in violation of any applicable law; (b) to infringe the intellectual property or privacy rights of others; (c) to transmit viruses, malware, or harmful code; (d) to scrape, data-mine, reverse-engineer, or otherwise extract data from the Services without authorization; (e) to impersonate any person or entity; or (f) to interfere with the operation or security of the Services.

Electronic Communications.

By using the Services, you consent to receive legally required and service-related communications electronically where permitted by law, including by email or through the website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

SMS text messages are governed separately by Section 13 and are sent only where the user has provided the applicable affirmative SMS consent. Providing or using the Services does not, by itself, constitute consent to receive SMS text messages, and any SMS consent is separate from and not included in the general electronic-communications consent in this section.

Service Modifications.

Surfbound reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance of the Services.

Force Majeure.

Surfbound shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control — including, without limitation, acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government orders, labor disruptions, utility or telecommunications failures, supply chain interruptions, or carrier delays.

Severability.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent as closely as possible.

Waiver.

No failure or delay by Surfbound in exercising any right under this Agreement shall operate as a waiver of that right. A waiver of any provision in one instance does not constitute a waiver of that provision in any other instance.

Survival.

All provisions of this Agreement that by their nature should survive termination — including, without limitation, disclaimers, limitations of liability, indemnification obligations, the dispute resolution provisions, and any payment obligations accrued before termination — shall survive termination of this Agreement or your account.

Entire Agreement; Incorporation.

This Agreement, together with the documents expressly incorporated by reference — including our Privacy Policy, Refund & Cancellation Policy, and Telehealth Consent — constitutes the entire agreement between you and Surfbound concerning the Services and supersedes all prior or contemporaneous agreements, communications, and proposals (whether oral or written) relating to the same subject matter.

If another policy specifically and expressly governs a particular subject — such as refunds, privacy, or telehealth consent — that specific policy controls on that subject. If there is a conflict between a specific policy and this Agreement on any other subject, this Agreement controls.

15. Contact

For questions about this Agreement or the Services, contact us at:

Open Water Rx LLC d/b/a Surfbound Health
5005 W Laurel Street, Suite 100 PMB 1026
Tampa, FL 33607
USA
Email: [email protected]