Terms of Service.

Last updated: July 14, 2026

These Terms of Service (“Terms”) are a binding agreement between you and The Diem Brand, LLC (“Diem,” “we,” “us,” or “our”) governing your access to and use of our website, member portal, and related services (collectively, the “Services”).

By creating an account, submitting an application, purchasing products, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Diem is a technology platform. We are not a medical group, healthcare provider, or pharmacy. Clinical services are provided by independent, licensed physicians, and medications are dispensed by licensed U.S. pharmacies.

1. Eligibility

You must be at least 18 years old, reside in the United States, and have the legal capacity to enter into these Terms. The Services are available only where permitted by law. You agree to provide accurate, current, and complete information and to keep it up to date.

2. Not medical advice; independent providers

Diem does not practice medicine and does not provide medical advice. Information made available through the Services is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

• Using the Services does not create a physician-patient relationship with Diem.
• Clinical services are provided by independent, licensed physicians who exercise their own independent professional judgment. Nothing in these Terms interferes with that judgment.
• Submitting an application, completing an intake, or placing an order does not guarantee that a physician will approve your request, that any therapy will be prescribed, or that any product will be available to you.
• Medications and related products are dispensed by licensed U.S. pharmacies, which are solely responsible for dispensing.
• Never disregard or delay seeking professional medical advice because of something you read on the Services. If you think you may have a medical emergency, call 911 or your local emergency number immediately.

3. Membership by application

Access to Diem is by application. We may accept or decline any application, and may limit or discontinue availability, at our discretion and for any lawful reason. If your application is approved, we will invite you to create an account. Membership is personal to you and is not transferable.

4. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Do not share your account or credentials with anyone. Notify us promptly at legal@diem-health.com if you suspect unauthorized use. We may suspend or terminate accounts as described in Section 19.

5. Membership and billing

Fees. Membership is offered for the then-current fee disclosed to you at sign-up. We may change membership pricing on advance notice; continued membership after the change takes effect constitutes acceptance of the new price.

Automatic renewal. Membership is a recurring subscription. It automatically renews each billing period until you cancel, and you authorize us and our payment processor to charge your payment method the then-current fee for each renewal period.

Cancellation. You may cancel at any time through your account or by emailing legal@diem-health.com. Cancellation takes effect at the end of your current billing period. You keep membership benefits through the end of that period, and membership fees are not refundable on a prorated or partial basis, except where required by law.

Failed payments. If a payment is declined, we may retry the charge and may suspend or terminate your membership and associated benefits, including member pricing.

6. Orders, pricing, and payment authorization

Pricing. Prices are those displayed at checkout and may differ for members and non-members. We may change prices, and may correct pricing errors, at any time before your order is accepted. Certain orders may require an active membership.

Authorization and capture. When you place an order, we obtain an authorization (a hold) on your payment method for the order total. We charge your payment method only after a physician reviews and approves your order. If your order is not approved, we release the authorization and you are not charged. Authorization holds may appear as pending charges on your statement until your bank releases them.

Promotional codes and credits. Promotional codes and account credits (including referral credits, or “member cash”) are promotional only. They have no cash value, are non-transferable, cannot be redeemed for cash, may expire, and may be limited, adjusted, or revoked if we believe they were obtained through error, fraud, or abuse. A minimum charge may apply to any order.

Payment processing. Payments are processed by a third-party payment processor. You represent that you are authorized to use the payment method you provide. Applicable taxes and shipping charges are added at checkout.

7. Refunds and returns

• If a physician does not approve your order, the authorization is released and you are not charged.
• Once an order has shipped, all sales are final. For health, safety, and regulatory reasons, we cannot accept returns or exchanges of prescription or health products.
• If your order arrives damaged, incorrect, or does not arrive, contact us promptly at legal@diem-health.com and we will investigate. Remedies, which may include replacement or refund, are provided at our reasonable discretion.
• Membership fees are non-refundable except as described in Section 5 or as required by law.

8. Referral program

We may offer a referral program under which you can earn account credit for qualifying referrals. Credits are promotional, have no cash value, are non-transferable, and may expire. We may change, suspend, or end the program at any time, and may withhold or revoke credits we believe were obtained through self-referral, duplicate or fraudulent accounts, or other abuse.

9. Shipping and delivery

We ship within the United States only. You are responsible for providing an accurate, complete shipping address. Delivery estimates are not guaranteed. Risk of loss passes to you upon delivery to the carrier. Certain products may require an adult signature on delivery.

10. Acceptable use

You agree not to:

• provide false, inaccurate, or misleading information;
• obtain products for anyone other than yourself, or resell, redistribute, or transfer any product obtained through the Services;
• share your account or allow another person to use it;
• scrape, reverse engineer, probe, or interfere with the Services or their security;
• use the Services for any unlawful purpose or in violation of any applicable law or regulation; or
• infringe or misappropriate the rights of others.

11. Your content

If you submit content to us — for example messages, feedback, or information provided during intake — you grant Diem a non-exclusive, worldwide, royalty-free license to use, store, and process that content as necessary to operate and improve the Services and to provide it to the independent providers and pharmacies who serve you. You represent that you have the right to provide it.

12. Intellectual property

The Services and all content, software, and materials made available through them, including trademarks and logos, are owned by Diem or its licensors and are protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own personal, non-commercial use. You may not use our name, marks, or branding without our prior written permission.

13. Third-party services

The Services rely on and may link to third parties, including independent physicians and medical groups, pharmacies, and our payment processor. Those parties are not controlled by us, provide their services under their own terms and policies, and are solely responsible for their own acts and omissions. We are not responsible for third-party websites or content.

14. Disclaimers

THE SERVICES AND ALL PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, and we do not guarantee any particular health outcome or result. We are not responsible for the professional judgment, acts, or omissions of the independent physicians or pharmacies who provide care and dispense products to you.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIEM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Indemnification

You agree to indemnify and hold harmless Diem and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your breach of these Terms, or your violation of any law or the rights of any third party.

17. Dispute resolution and binding arbitration

Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@diem-health.com. If we cannot resolve it within 60 days, either party may begin arbitration.

Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator’s decision is final and binding, and judgment may be entered in any court of competent jurisdiction.

Class action and jury waiver. YOU AND DIEM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes must be brought on an individual basis only, and the arbitrator may not consolidate claims or preside over any form of class proceeding.

Your right to opt out. You may opt out of this arbitration agreement by emailing legal@diem-health.com within 30 days of first accepting these Terms, with your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms, and will not affect your account or membership.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property rights.

Severability and survival. If the class waiver is found unenforceable as to a particular claim, that claim will proceed in court while all other claims remain in arbitration. This Section 17 survives termination of these Terms and of your account.

18. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. For any dispute not subject to arbitration, you and Diem consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware.

19. Termination

You may stop using the Services and cancel your membership at any time. We may suspend or terminate your account or access to the Services at any time, with or without notice, including if we believe you have violated these Terms or applicable law, or to protect the Services or other users. On termination, your right to use the Services ends. Sections that by their nature should survive — including Sections 7, 12, and 14 through 18 — survive termination.

20. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice. Changes are effective when posted unless we state otherwise. Your continued use of the Services after an update means you accept the revised Terms.

21. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and Diem regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may provide notices to you by email or by posting on the Services; notices to us must be sent to the address below. There are no third-party beneficiaries to these Terms.

22. Contact us

Questions about these Terms, or notices under them, should be sent to:

The Diem Brand, LLC
Attn: Legal
1209 Orange Street
Wilmington, DE 19801
legal@diem-health.com