Terms of Service

Last updated: August 5, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 14.7.

These Terms of Service ("Terms") are a binding agreement between you and Darkwaters LLC, d/b/a BioForm ("BioForm," "we," "us," or "our"), governing your access to and use of getbioform.com (the "Site") and your purchase of our products, including BioForm Muscle Defense (the "Products").

By accessing the Site or placing an order, you accept these Terms, our Refund & Return Policy, Shipping Policy, Subscription Policy, and Privacy Policy, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Site or purchase our Products.

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1. Eligibility

By using the Site or purchasing Products, you represent that:

• You are at least 18 years old;
• You reside in, and your order will be shipped within, the United States (we sell and ship only within the U.S.);
• All order information you provide is accurate, complete, and current;
• You are purchasing for personal, non-commercial use and will not resell or redistribute Products without our written consent.

2. Products; Not Medical Advice

Our Products are dietary supplements. They are not drugs and are not intended to diagnose, treat, cure, or prevent any disease. Statements on the Site have not been evaluated by the Food and Drug Administration. Individual results vary, and no particular result is promised or guaranteed.

Nothing on the Site is medical advice. Consult your physician or healthcare provider before using any supplement, especially if you take medication (including GLP-1 medications), have a medical condition, or are pregnant or nursing. Do not use the Products if the safety seal is broken. Keep out of reach of children.

3. Orders, Pricing & Billing

By placing an order, you authorize BioForm and our payment processors to charge your payment method for the total shown at checkout, including applicable taxes and shipping. We reserve the right to correct pricing or descriptive errors, to cancel or refuse any order (including orders we reasonably suspect are fraudulent or violate these Terms), to limit quantities, and to change prices and promotions at any time. Promotional pricing applies only as described at the time of the offer.

4. Subscriptions & Automatic Renewals

If you purchase a subscription, you are enrolling in an automatically renewing purchase plan. The renewal frequency (every 28, 60, or 90 days, as you select), the first-order price, and the recurring renewal price are disclosed at checkout before you subscribe. Your subscription will renew and your payment method will be charged automatically at the disclosed renewal price each cycle until you cancel. We send a reminder email before each renewal. You may cancel, pause, or skip at any time before a renewal bills through your customer portal. Full terms are in our Subscription Policy.

5. Refunds & Returns

All refunds, returns, and guarantee claims are governed exclusively by our Refund & Return Policy. We reserve the right to deny refunds or replacements that do not meet the requirements of that policy or that we reasonably determine to be fraudulent or abusive. Except where prohibited by law, the remedies in the Refund & Return Policy are your sole and exclusive remedies for dissatisfaction with a Product.

6. Shipping; Title & Risk of Loss

Shipping is governed by our Shipping Policy. Title and risk of loss pass to you upon our delivery of the Products to the carrier. Delivery estimates are not guarantees.

7. Intellectual Property

All content on the Site — text, graphics, logos, images, videos, product names, and trade dress — is owned by or licensed to BioForm and protected by copyright, trademark, and other laws. You may not copy, reproduce, modify, distribute, or create derivative works from any Site content without our prior written permission.

8. Acceptable Use

You agree not to: use the Site for any unlawful purpose; interfere with the Site's operation or security; scrape, harvest, or collect data from the Site; place fraudulent orders; misrepresent your identity; or abuse our refund, guarantee, or promotional programs.

9. Third-Party Links & Services

The Site may link to third-party websites or use third-party services (such as payment processors). We are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND BIOFORM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT FOR THE EXPRESS GUARANTEE DESCRIBED IN OUR REFUND & RETURN POLICY. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) BIOFORM AND ITS OWNERS, MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM OR RELATED TO THE SITE OR PRODUCTS; AND (b) BIOFORM'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless BioForm and its owners, members, affiliates, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site or Products, or your violation of any law or third-party right.

13. Informal Dispute Resolution (Required First Step)

Before filing any arbitration or court proceeding, you and BioForm each agree to first try to resolve any dispute informally. The party raising the dispute must send a written notice ("Dispute Notice") describing the dispute and the relief sought. Notices to BioForm must be emailed to support@getbioform.com with the subject line "Dispute Notice" and mailed to BioForm, 7901 4th St N STE 300, St. Petersburg, FL 33702, USA. Notices to you will be sent to the email and/or mailing address on your order. The parties agree to negotiate in good faith for 60 days after the Dispute Notice is received. An arbitration or court proceeding may not be commenced until this 60-day period has ended. This requirement exists because most issues can be fixed quickly and cheaply by our support team.

14. Arbitration Agreement & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES JURY TRIALS AND CLASS ACTIONS.

14.1 Agreement to Arbitrate

You and BioForm agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, your purchase or use of any Product, or the relationship between you and BioForm (collectively, "Disputes") — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in Sections 14.2 and 14.7. This agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

14.2 Exceptions

Either party may (a) bring an individual claim in small claims court in your county of residence, so long as the claim remains in that court and is brought only on an individual basis; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

14.3 Arbitration Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is filed, as modified by this Section. The AAA rules are available at www.adr.org. There will be one arbitrator. The arbitration will be conducted in English. For claims of $25,000 or less, the arbitration will be conducted by document submission, telephone, or videoconference, unless the arbitrator finds an in-person hearing necessary; any in-person hearing will take place in your county of residence or another mutually agreed location. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide any dispute about the enforceability of the class action waiver in Section 14.5.

14.4 Fees

Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, including their fee caps for consumers. If your claim is for $10,000 or less and is not determined by the arbitrator to be frivolous or brought for an improper purpose, BioForm will pay the AAA filing, administration, and arbitrator fees beyond the consumer portion required by the AAA rules. Each party bears its own attorneys' fees unless applicable law or the AAA rules provide otherwise.

14.5 Class Action & Jury Trial Waiver

YOU AND BIOFORM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. All Disputes must be brought in the parties' individual capacities. The arbitrator may not consolidate claims of more than one person and may award relief only in favor of the individual party seeking relief. If this class action waiver is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall proceed in court, and the remainder of this arbitration agreement remains in effect.

14.6 Severability of Arbitration Terms

If any portion of this Section 14 (other than the class action waiver in 14.5) is found unenforceable, that portion will be severed and the remainder enforced.

14.7 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver within 30 days of your first purchase (or within 30 days of these Terms first becoming applicable to you, whichever is later). To opt out, email support@getbioform.com with the subject line "Arbitration Opt-Out" from the email address on your order, including your name, order number, and a statement that you opt out of arbitration; or mail the same to BioForm, 7901 4th St N STE 300, St. Petersburg, FL 33702, USA. Opting out will not affect any other provision of these Terms or your ability to purchase from us.

14.8 Changes to This Section

If we change this Section 14 after you have accepted these Terms, the changes will not apply to Disputes that arose before the change unless you affirmatively accept the updated Terms.

15. Governing Law & Venue

These Terms and any Dispute are governed by the Federal Arbitration Act (as to Section 14) and otherwise by the laws of the State of Florida, without regard to conflict-of-law rules. For any Dispute not subject to arbitration, and subject to Section 14.2, the state and federal courts located in Pinellas County, Florida will have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there.

16. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date reflects the current version. Material changes will be posted on the Site, and your continued use of the Site or subsequent purchases after changes are posted constitutes acceptance of the updated Terms (except as provided in Section 14.8).

17. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force (subject to Sections 14.5 and 14.6). Our failure to enforce any provision is not a waiver. These Terms, together with the policies incorporated by reference, are the entire agreement between you and BioForm regarding the Site and Products. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

18. Contact

Darkwaters LLC d/b/a BioForm 7901 4th St N STE 300 St. Petersburg, FL 33702, USA 📧 support@getbioform.com