Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the 5DGENX website, patient portal, and services. 5DGENX LLC ("5DGENX," "we," "us," or "our") is a Florida limited liability company operating as a physician supervised telehealth practice based in Miami Beach, Florida.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

Not a Substitute for Medical Care

The 5DGENX platform is a delivery channel for physician supervised products and services. It is not a substitute for an in person medical evaluation, a primary care physician, or emergency medical services.

If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not use 5DGENX for emergency care.

We strongly recommend maintaining a relationship with a primary care physician for general medical care and routine screenings.

Physician Patient Relationship

When you use 5DGENX for prescription products, a physician patient relationship is formed between you and a licensed physician in our provider network.

• The prescribing physician is a member of the 5DGENX provider network, not an employee of 5DGENX LLC
• Consultations are conducted through intake form review, laboratory results, and where appropriate, video or phone visits
• The physician may decline to prescribe based on their clinical judgment
• You can communicate with your assigned physician through the patient portal
• The physician must be licensed in the state where you are located at the time of consultation

If the physician declines to prescribe, you will receive a refund for any consultation fees paid, less applicable processing fees.

Age Requirement

You must be at least 18 years of age to use 5DGENX services. By using the service, you affirm that you are 18 or older.

Certain products may require you to be 21 or older. You will be informed of any additional age requirement at the point of purchase.

We do not knowingly provide services to individuals under the applicable minimum age. If we discover that an underage individual has created an account, we will close the account and refund any payments.

Prescription Products Require Intake and Labs

Many of our products are gated behind completed intake forms, qualifying laboratory results, and physician approval.

Purchase of a product does not guarantee fulfillment. If the prescribing physician determines that the product is not appropriate for your situation, the order may be denied. In such cases:

• You will be refunded for the product cost
• You will be informed of the reason for denial
• Alternative products or programs may be suggested if appropriate

Providing inaccurate information on the intake form, in your medical history, or to the physician may result in denial of service, termination of your account, and is a material breach of these Terms.

State Restrictions

5DGENX operates in states where our physician network and pharmacy partners hold the necessary licenses.

We maintain a current list of states where we operate and states where specific products are restricted. See the State Restrictions page for the current list.

If you are located in a state where we cannot serve you, the order will not be processed and any payment will be refunded.

FDA Disclosure

Products and statements on this website have not been evaluated by the U.S. Food and Drug Administration.

Products are not intended to diagnose, treat, cure, or prevent any disease. Individual results vary.

This disclosure is required by federal law and applies to all products on the 5DGENX platform unless otherwise specifically noted.

Compounded Medications

Many 5DGENX products are compounded medications prepared by licensed 503A compounding pharmacies. Compounded medications are not FDA approved drugs.

What 503A Compounding Means

503A compounding is the preparation of customized medications by a licensed pharmacist pursuant to a patient specific prescription from a licensed practitioner. 503A compounded products are subject to state pharmacy regulation but do not undergo the FDA new drug approval process.

Limitations

• Compounded medications are prepared for individual patients based on a specific prescription
• They cannot be resold or transferred to another individual
• They cannot be returned once dispensed, by federal law
• They may not be available in all states
• Quality, potency, and safety are determined by the compounding pharmacy

Refund and Return Policy

All sales are final. 5DGENX does not accept returns on any product, and refunds are issued only in limited circumstances described below.

No Returns

No product purchased from 5DGENX may be returned. This includes prescription products, compounded medications, peptides, supplements, lab kits, and all other catalog items. Federal law prohibits the return of prescription and compounded medications once filled, and as a matter of policy no product is eligible for return.

What Cannot Be Refunded

• Prescription and compounded products
• Peptide protocols
• Supplements and non prescription products
• Laboratory services after results have been delivered
• Consultation services that have been completed

When a Refund or Replacement Is Issued

A refund or replacement is provided only in these circumstances:

• Product damaged by the 5DGENX team or fulfillment partners: Reported within 48 hours of delivery with photographic evidence, product retained for review
• Order denied by the prescribing physician: Full refund for the product cost
• Order cancelled before fulfillment: Full refund minus applicable processing fees
• Lost shipment confirmed by carrier investigation: Replacement after the carrier confirms loss

Damage that occurs after delivery, damage resulting from improper storage by the customer, and change of mind are not eligible for refund or replacement.

To request a qualifying refund or replacement, contact [email protected] with your order number and supporting details within the required window.

User Obligations

By using 5DGENX services, you agree to:

• Provide accurate, current, and complete information on intake forms and in your medical history
• Update your information promptly if it changes
• Not share, resell, transfer, or distribute products to any other individual
• Use products only as prescribed and directed by the supervising physician
• Comply with all applicable federal, state, and local laws
• Maintain the security of your account credentials and notify us of any unauthorized access
• Not attempt to access the accounts or PHI of other users
• Not interfere with the security or operation of the platform

Limitation of Liability

To the maximum extent permitted by Florida law, 5DGENX LLC, its officers, directors, employees, and affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the services.

Our total liability for any claim arising from these Terms or your use of the services shall not exceed the amount you paid to 5DGENX in the 12 months preceding the claim.

Nothing in this section limits liability for matters that cannot be limited under applicable law, including but not limited to liability arising from gross negligence, willful misconduct, or violations of consumer protection statutes.

Indemnification

You agree to indemnify, defend, and hold harmless 5DGENX LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees) arising from:

• Your breach of these Terms
• Your violation of any law or regulation
• Your provision of inaccurate intake, medical history, or other information
• Your misuse, resale, or transfer of products
• Your infringement of any third party rights

Intellectual Property

All content on the 5DGENX website and platform, including text, images, graphics, logos, brand marks, product photography, copy, and software, is the property of 5DGENX LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works of any content without our prior written permission.

The 5DGENX name, logo, and the Cellular Recovery System name and product marks (HYDRA, MAC-3, KNITRIC, CILENCE, SYNAP-6) are trademarks of 5DGENX LLC.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

Any dispute arising from these Terms or your use of the services shall be brought in the state or federal courts located in Miami Dade County, Florida. You consent to the personal jurisdiction of those courts and waive any objection to venue.

Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top of this page reflects the most recent revision.

Material changes will be communicated through email to your account address or through a prominent notice on our website. Continued use of our services after the effective date of an update constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using our services and may close your account.

Contact Us

For questions about these Terms or to provide notice required under these Terms, contact: