Terms of Service

Please read this first

These Website Terms of Service (“Terms”) are a binding agreement between you and XCeed Health LLC, a Delaware limited liability company (“XCeed,” “we,” “us,” or “our”). They govern your use of xceedlife.com and any other website we operate (the “Site”), and everything you buy through the Site (together with the Site, the “Services”).

By using the Site, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Site.

1. Summary of the commercial terms

This summary is for convenience. The numbered sections control.

2. Who we are, and what XCeed is not

XCeed is a technology and marketing platform. We operate the Site and the XCeed app, we provide a training and coaching experience, we handle billing and customer support, and we facilitate a secure connection between you and independent licensed parties.

XCeed does not:

• Practice medicine, provide medical advice, diagnose, or treat any condition.
• Employ or control the physicians who evaluate you, or influence their clinical judgment.
• Practice pharmacy, or compound, dispense, warehouse, or distribute any drug product.
• Take title to any prescription product.
• Guarantee that you will be prescribed anything.

Who does what:

Your relationship with a provider is between you and that provider. Your relationship with a pharmacy is between you and that pharmacy. XCeed is not a party to either relationship and is not responsible for the clinical judgment of a provider or the dispensing decisions of a pharmacy.

3. Scope of these Terms, and the other agreements that apply

These Terms govern the Site and your purchases through it.

The XCeed app has its own terms. If you download and use the XCeed mobile application, the XCeed App Terms of Service govern your use of that application. If a provision of these Terms conflicts with the App Terms on a matter specific to the app, the App Terms control for that matter. On everything else, including purchases, billing, renewals, cancellation, and refunds, these Terms control.

Other documents that form part of our agreement with you:

• Our Privacy Policy, which explains how we handle information collected through the Site.
• The XCeed App Privacy Policy, if you use the app.
• The order summary, price, and any subscription terms shown to you at checkout.
• The consent and authorization forms you complete during medical intake, which are between you and the physician network.

If a term shown at checkout conflicts with these Terms about the specifics of that order, the checkout term controls for that order.

4. Not medical advice, and not for emergencies

Everything on the Site, including educational material, product pages, blog content, training and coaching content, and anything a creator or influencer says about XCeed, is for general information only. It is not medical advice. Do not use it to diagnose or treat yourself, and do not start, stop, or change any medication based on it. Always talk to a licensed clinician about your specific situation.

The Services are not for emergencies. If you are having a medical emergency, call 911 or go to the nearest emergency room. Do not use the Site or send a message to your care team to report an emergency. If you are in crisis, call or text 988 to reach the Suicide and Crisis Lifeline.

5. Eligibility

To use the Services you must:

• Be at least 18 years old.
• Be physically located in a state where our provider network is licensed and where the products you are seeking may lawfully be prescribed and dispensed. Availability varies by state and changes over time.
• Be able to enter into a binding contract, and not be barred from receiving the Services under any applicable law.

We may ask you to verify your age, identity, or location, and we may refuse or discontinue the Services if we cannot verify them. The Services are offered in the United States only.

6. Your responsibilities as a customer

You agree to the following. These are not formalities. Several of them exist because a provider’s clinical decision depends on them.

• Give accurate information. Provide truthful, complete, and current information about your identity, age, location, and health, including in any medical intake and in any follow up a provider requests. Providing false or incomplete health information can lead to a decision that harms you, and can result in us closing your account.
• Keep your information current. Maintain an accurate shipping address, email address, phone number, and payment method. We are not responsible for a shipment that fails because your address was wrong or out of date.
• Buy only for yourself. Order only for your own use. Do not order on behalf of anyone else.
• Do not transfer product. Do not resell, distribute, share, give away, or otherwise transfer any product dispensed to you. Doing so is unlawful and dangerous.
• Follow storage and use instructions. Follow the instructions that come with your shipment and the directions your provider gives you.
• Do not seek duplicate prescriptions. Do not attempt to obtain the same or similar prescriptions from multiple providers or platforms in a way you conceal from your provider.
• Keep your account secure. See Section 7.
• Pay what you owe. See Sections 12 and 13.

7. Your account

You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us right away at support@xceedlife.com if you think someone has accessed your account without permission. Create only one account. Do not share your account or let anyone else use it.

8. What we offer

Through the Site you may purchase, subject to eligibility and a provider’s decision:

• A clinical evaluation by an independent licensed physician, delivered through the physician network.
• A compounded prescription product, where a provider prescribes one, compounded and dispensed by a licensed pharmacy partner and shipped to you.
• Access to the XCeed app, including the training and coaching experience, progress tracking, and supporting educational content.

Products, formulations, dosage forms, and availability vary by state and change over time. Not every product described on the Site is available to every customer. We may add, change, or discontinue any product or feature at any time, and we may stop serving a state at any time. All prescription products require a valid prescription from a licensed provider.

9. How the clinical process works, and no guarantee of outcome

You complete a medical intake through the Site. That intake is transmitted to the independent physician network. A licensed provider reviews it and may request more information, may schedule or conduct a synchronous consultation where state law requires one, and will reach a clinical decision.

A provider may decline to prescribe. That happens for good reasons, including your health history, drug interactions, contraindications, and the provider’s own judgment.

Refill and continuation decisions are also clinical decisions. A provider may decline to continue treatment at any point.

Nothing on the Site is a promise of any particular clinical, health, body composition, or performance result.

10. Compounded products, and what we cannot claim

If a provider prescribes a compounded product, you should understand the following:

• Compounded products are not FDA approved. The Food and Drug Administration does not review compounded drugs for safety, effectiveness, or manufacturing quality before they are dispensed.
• A compounded product is not an FDA approved brand name drug and should not be understood as equivalent to, interchangeable with, or better than one.
• Availability of any particular compounded product depends on what a pharmacy may lawfully compound and dispense, which is subject to federal and state law and can change with little notice. We may discontinue a product at any time.

We describe products only in terms our clinical and pharmacy partners and our counsel have approved. Nothing on the Site or in our marketing is a promise of any particular result.

11. Placing an order, and our right to accept or decline

Your order is an offer. Submitting an order through the Site is an offer to buy, not a completed contract. No contract for a prescription product exists unless and until a provider issues a prescription and a pharmacy accepts the order for fulfillment.

We may decline or cancel an order if you are not eligible, if we cannot verify your identity or location, if a product is unavailable in your state, if we suspect fraud or misuse, if the order appears to be for someone other than you, or if a pricing or product description error occurred. If we cancel an order before it ships, we will not charge you for it, or we will reverse the charge.

Pricing and description errors. Prices and descriptions on the Site can contain errors. If we discover an error affecting your order, we will contact you and give you the choice to confirm the order at the correct price or cancel it for a full refund of that item.

Promotions and discount codes. Promotional pricing, discount codes, and introductory offers apply only as described at the time of the offer, cannot be combined unless we say so, have no cash value, and may be withdrawn or changed. If an introductory price applies to a first order or first billing period only, we will say so at checkout, and the standard price applies afterward.

Quantity limits. We may limit quantities per order, per customer, or per period.

12. Prices, fees, and what you are paying for

Currency. All prices are stated and charged in US dollars.

Fee structure. Your total charge may include separate components:

• A fee for the clinical evaluation.
• A fee for the product dispensed by the pharmacy.
• Shipping and handling.
• A platform or membership fee payable to XCeed for access to the Site, the app, and the training and coaching experience.

Your checkout screen and your receipt will itemize these components where applicable.

XCeed’s role in payment. XCeed charges you its own platform or membership fee. Amounts payable for clinical services and for dispensed product are collected on behalf of, and remitted to, the provider network and the pharmacy through our payment processor. For that limited collection purpose, XCeed acts as agent of those parties.

Insurance. The Services are cash pay. We do not bill insurance, and amounts you pay are unlikely to be reimbursable. We do not submit claims to any federal or state healthcare program, and the Services are not available to you if payment would be sought from such a program.

Taxes. You are responsible for any applicable sales, use, or similar taxes, which will be shown at checkout where we are required to collect them.

13. Payment authorization and billing

Authorization. You authorize us and our payment processor (Stripe) to charge your payment method for all amounts you incur under these Terms, including the initial charge for your order and any recurring amounts described in Section 14, plus applicable taxes.

When you are charged. You are charged at the time you place your order for the items shown on your order screen, and on each renewal date for any recurring item. Where a charge depends on a prescription being issued, we will tell you at checkout whether the charge occurs at order or at fulfillment.

Your statement. Charges will appear on your card or bank statement under the descriptor shown on your order confirmation.

Payment method problems. Keep your payment information current. If a charge fails, we may retry it, and we may pause or cancel your subscription and any pending order. A failed payment does not by itself cancel your subscription. See Section 15 for how to cancel.

Third party processor. Payments are processed by a third party payment processor. Your use of that processor is also subject to its terms. XCeed does not store full payment card numbers.

14. Subscriptions and automatic renewal

Some offerings on the Site are one time purchases. Others are subscriptions that renew automatically until you cancel.

What we disclose before you agree. Before you complete a subscription purchase, we will show you, clearly and next to where you agree: what the subscription includes, the amount that will be charged, the billing interval, the date of your first renewal, that it renews automatically until you cancel, and how to cancel. You must affirmatively agree to those terms to subscribe.

Confirmation. After you subscribe, we will send you a confirmation that includes the subscription terms, the cancellation method, and how to reach us.

Renewal. Unless you cancel, your subscription renews at the end of each billing period and your payment method is charged the then current price for the next period. Your renewal date is shown in your account.

Refills. Where a subscription includes a recurring prescription refill, the refill still depends on a provider authorizing it. If a provider declines to continue treatment, the refill will not ship, and we will not charge you for product that is not dispensed.

Price changes. We may change subscription prices. We will give you advance notice and the chance to cancel before a new price applies to you.

Trials and introductory periods. If we offer a free or discounted trial, we will tell you at signup when it ends, what you will be charged after it ends, and how to cancel before then. Unless you cancel before the trial ends, the subscription continues at the standard price.

15. How to cancel

You can cancel a subscription at any time. Two ways:

• Online. Log in to your account and cancel in the subscription or billing section. Cancelling online takes no more steps than signing up did, and you do not have to talk to anyone to do it.
• By email. Write to support@xceedlife.com from the email address on your account.

When cancellation takes effect. Cancellation stops future renewals. It takes effect at the end of your current billing period, and you keep access through the end of that period.

Timing matters for shipments. Because a pharmacy may begin preparing a refill in advance of your renewal date, cancelling shortly before that date may not stop a shipment already in process. To be sure a refill does not ship, cancel at least 2 business days before your renewal date.

What cancellation does not do. Cancelling does not, by itself:

• Cancel a shipment that has already been prepared or shipped.
• Refund a period you have already used or a product already dispensed. See Section 17.
• End your clinical relationship with a provider. Contact the provider network for that.
• Delete records the provider network or a pharmacy are required by law to keep.

Closing your account. You can ask us to close your XCeed account at support@xceedlife.com. See our Privacy Policy for what deletion does and does not reach.

16. Shipping and delivery

If a prescription is issued, a licensed pharmacy partner fills and ships it to the address on your order. XCeed does not ship prescription product.

Timelines are estimates. Delivery depends on the provider’s review, the pharmacy’s compounding and fulfillment queue, the carrier, and your location. We will give you an estimated window and tracking information where the pharmacy provides it. We cannot guarantee a delivery date.

Handling and storage. Some products require temperature controlled handling. Follow the storage instructions that come with your shipment.

Title and risk of loss. Title and risk of loss for any dispensed product pass in accordance with the dispensing pharmacy’s own terms. XCeed does not take title to, hold, or distribute prescription product.

Undeliverable shipments. If a shipment is returned as undeliverable because of an address you provided, we may charge you the cost of reshipment. A prescription product that has left the pharmacy cannot be reshipped and may need to be reordered.

17. Refunds and returns

Dispensed prescription product cannot be returned or resold. Federal and state law prohibit a pharmacy from accepting the return of a dispensed prescription drug for reuse. Once a product has shipped, it is not refundable, except where required by law or where we determine in our discretion that a refund is appropriate.

Consultation fees. The fee for a clinical evaluation is earned when the evaluation occurs. It is not refunded because a provider declined to prescribe.

Platform and membership fees are not refunded for periods already elapsed. If you cancel mid period, you keep access through the end of that period.

Orders we cancel. If we cancel your order before it ships, or if a provider declines to prescribe before any product is dispensed, we will not charge you for the product, or we will reverse that portion of the charge. Any earned consultation fee still applies.

How refunds are issued. Approved refunds go back to the original payment method. Processing time depends on your bank and is typically several business days after we issue it.

Nothing in this section limits any right you have under applicable consumer protection law.

18. Problems with an order

If your order arrives damaged, incorrect, incomplete, thawed, or otherwise compromised, contact us at support@xceedlife.com. Tell us as soon as you can, and keep the packaging where practical. We will work with the pharmacy to resolve it, which may include a replacement shipment.

If a shipment arrives in a condition that concerns you clinically, do not use it. Contact us and your care team.

19. Disputed charges and chargebacks

If you think a charge is wrong, contact us first at support@xceedlife.com. Most billing problems can be sorted out quickly and directly.

If you file a chargeback, we may suspend your account and any pending order while the dispute is open, and we may provide your order records, communications, and account history to the payment processor and card network to respond. This does not limit your rights under card network rules or applicable law, and does not require you to contact us before exercising them.

20. Training, coaching, and fitness content

The Site and the app include training programs, coaching content, and progress tracking. This is fitness content, not medical care, physical therapy, or clinical nutrition counseling. Talk to a clinician before starting any exercise or nutrition program, especially if you have a medical condition or take medication. Stop and seek care if you feel unwell. You assume the ordinary risks of physical exercise, and you are responsible for exercising within your own limits.

Where any part of the coaching experience is delivered by an automated or artificial intelligence system rather than a person, we will tell you so in that experience. Automated coaching content is not medical advice and does not replace a clinician.

21. Communications and electronic records

By creating an account you agree that we, the provider network, and the pharmacy may contact you electronically about your account, your orders, your shipments, refills, and messages from your care team. These are transactional messages and you cannot opt out of them while your account is active.

Marketing. Separately, you may agree to receive marketing email and text messages. You can unsubscribe from marketing email using the link in any marketing message, and stop marketing texts by replying STOP. Message and data rates may apply. Consent to marketing messages is not a condition of purchasing anything.

Electronic records. You consent to receive agreements, notices, disclosures, receipts, and other communications electronically, and you agree that these satisfy any legal requirement that they be in writing.

22. Your content, reviews, and testimonials

“Your Content” means anything you submit through the Site, including reviews, photographs, progress notes, and messages. You keep ownership of Your Content. You grant XCeed a worldwide, non exclusive, royalty free license to host, store, reproduce, and display Your Content as needed to operate the Services.

If you submit a review or testimonial and we want to use it in marketing, we will ask for your separate written permission first. We will not use your intake responses, health information, care team messages, or clinical outcome in marketing.

You are responsible for Your Content. Do not submit anything you do not have the right to submit.

23. Acceptable use

In addition to Section 6, you agree not to:

• Use the Services on behalf of someone else, or obtain product for anyone other than yourself.
• Attempt to obtain a prescription by misrepresentation.
• Reverse engineer, scrape, crawl, or attempt to gain unauthorized access to the Services or to any account other than your own.
• Interfere with or disrupt the Services, or introduce malicious code.
• Use any automated system to place orders or create accounts.
• Use the Services to harass anyone, including our staff, a provider, or pharmacy personnel.
• Use the Services for any unlawful purpose.

We may suspend or terminate your account for violating this section.

24. Intellectual property

The Services, including the Site, our content, our brand, and the XCeed name and logo, are owned by XCeed or its licensors and are protected by intellectual property law. We grant you a limited, revocable, non transferable, non exclusive license to use the Site and the Services for your own personal, non commercial use. You may not copy, modify, distribute, sell, or create derivative works from the Services except as these Terms allow.

If you send us feedback or suggestions, we may use them without obligation to you. Do not send us anything you consider confidential.

25. Third party sites and services

The Site may link to or rely on third party websites and services, including our payment processor, the physician network’s patient portal, and pharmacy tracking tools. We do not control them and are not responsible for them. Your use of them is governed by their own terms and privacy policies.

26. Suspension and termination

You may stop using the Services and close your account at any time. See Section 15.

We may suspend or terminate your access if you breach these Terms, if we believe you have provided false information, if we are required to by law, if a state or product becomes unavailable, or if we discontinue the Services. Where practical we will give you notice and a chance to retrieve your information.

Termination does not end obligations already incurred. Sections that by their nature should survive will survive, including Sections 10, 12, 17, 19, 22, 24, 27, 28, 29, 31, 32, and 33.

27. Disclaimers

Except as stated in these Terms and to the fullest extent permitted by law, the Services are provided “as is” and “as available,” and XCeed disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.

We do not warrant that the Services will be uninterrupted, timely, secure, or error free, or that content on the Site is complete or current.

We make no warranty about the clinical services provided by the physician network, or about any product compounded or dispensed by a pharmacy. Those are provided by independent parties, and any warranty relating to them, if any, comes from them.

Some states do not allow certain disclaimers, so parts of this section may not apply to you.

28. Limitation of liability

To the fullest extent permitted by law, XCeed will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising from or relating to these Terms or the Services, even if we were told such damages were possible.

To the fullest extent permitted by law, XCeed’s total liability for all claims arising from or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid XCeed in the 12 months before the event giving rise to the claim, or (b) $500.

These limits do not apply to, and nothing in these Terms limits, liability for: death or personal injury caused by our negligence; gross negligence, fraud, or willful misconduct; any liability that cannot lawfully be limited or excluded; or your rights under applicable consumer protection law.

Some states do not allow certain limitations, so parts of this section may not apply to you.

29. Indemnification

You agree to indemnify and hold harmless XCeed and its officers, managers, employees, and agents from third party claims, and reasonable costs and attorneys’ fees, arising out of your breach of these Terms, your violation of law, your misrepresentation of health or identity information, or your transfer of a dispensed product to anyone else. We will notify you of any such claim, and you may not settle it in a way that imposes obligations on us without our written consent.

30. Changes to these Terms

We may update these Terms. If we make a material change, we will notify you by email or through the Site at least 30 days before it takes effect, unless a shorter period is required by law or the change is required to comply with law. If you keep using the Services after the change takes effect, you accept it. If you do not accept it, cancel your subscription and stop using the Services before the effective date. Changes do not apply retroactively to a dispute that arose before the change.

31. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

Talk to us first. Before starting arbitration, send us a written Notice of Dispute at support@xceedlife.com describing the problem and what you want. We will do the same for you. If we cannot resolve it within 60 days, either of us may begin arbitration.

Arbitration. Except for the exclusions below, any dispute between you and XCeed will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitrator decides the dispute, and the award may be entered as a judgment in any court with jurisdiction. Arbitration is less formal than court, and review of an award is limited.

Where and how. If you seek less than $10,000, either of us may elect to have the arbitration conducted on documents alone or by telephone or videoconference. Otherwise any hearing will be held within 100 miles of where you live, or remotely. We will pay filing, administrative, and arbitrator fees to the extent the AAA rules require, and we will not seek our attorneys’ fees from you unless the arbitrator finds your claim was frivolous.

No class actions. You and XCeed each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over a representative proceeding.

What is not covered. This section does not apply to: claims either of us brings in small claims court; claims for infringement or misappropriation of intellectual property; requests for emergency injunctive relief to preserve the status quo; or any claim that applicable law does not permit to be arbitrated.

Your right to opt out. You may opt out of this arbitration agreement by writing to support@xceedlife.com within 30 days after you first accept these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect the rest of these Terms.

Severability. If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this section still applies to all other claims. If the class action waiver is found unenforceable in its entirety, this whole arbitration section does not apply.

Survival. This section survives the end of your relationship with XCeed.

32. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 31. Where a dispute is permitted to proceed in court, you and XCeed consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, except that either of us may bring a claim in small claims court where we live or do business.

33. General

These Terms, together with the Privacy Policy, the App Terms of Service where you use the app, and any order or subscription terms shown at checkout, are the entire agreement between you and XCeed about the Services. If a provision is found unenforceable, the rest stays in effect and the unenforceable provision is modified to the minimum extent needed to make it enforceable. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent. We may assign them, including to an affiliate or in connection with a merger or sale. “Including” means “including without limitation.” Headings are for convenience only. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and XCeed, except for the limited payment collection agency described in Section 12. Neither of us is liable for failures caused by events beyond our reasonable control.

34. Contact

XCeed Health LLC
2261 Market Street #4048
San Francisco, CA 94114

support@xceedlife.com