Malibu Protocol Terms of Use

Document control: MP-TOU-BETA-1.1
Effective date: August 19, 2026 (private beta)
Last updated: August 24, 2026
Contracting entity: Westward Science LLC, a Wyoming limited liability company, d/b/a Malibu Protocol

These Terms of Use ("Terms") govern access to malibuprotocol.com and the related applications, patient portal, communications, products, and services made available by Westward Science LLC d/b/a Malibu Protocol ("Malibu Protocol," "Westward," "we," "us," or "our").

When we present these Terms with an acceptance control, you agree by affirmatively selecting that control. Material recurring-charge, clinical, health-data, and marketing terms that require separate consent are not accepted merely because you accept these Terms. If you do not agree, do not create or use an account or purchase the Services.

The Payments/Subscriptions/Cancellation/Refund Policy, Shipping & Fulfillment Policy, and Communications Terms are incorporated for the activities they address and control over these Terms only to the extent of a direct conflict about that activity.

The Privacy Policy, Consumer Health Data Privacy Policy, Provider Group Notice of Privacy Practices, telehealth informed consent, and treatment-specific clinical consents are separate notices, acknowledgments, or consents applicable to their stated entities and purposes. They are not converted into one omnibus agreement by reference here.

Defined terms and construction

Clinical Services means professional healthcare services furnished by the Provider Group and its clinicians, not by Westward.
Provider Group means Beluga Health, P.A. or the specific affiliated medical practice identified to you as responsible for your care.
Pharmacy means the independent licensed pharmacy that accepts a prescription for dispensing.
Services means the non-clinical website, application, portal, support, payment, and administrative services Westward makes available, together with any clearly identified feature governed by these Terms. Clinical Services and pharmacy services remain governed by their responsible entities' documents.
you means the individual using the Services and, only where an approved workflow permits, the individual's legally authorized representative.

The words “including” and “includes” mean “including without limitation.” Headings are for convenience and do not limit a provision. A reference to law includes applicable amendments and implementing rules.

1. Important emergency notice

The Services are not emergency services and are not monitored continuously. Do not use the website, portal, email, or text messaging for an emergency. If you believe you may have a medical or psychiatric emergency, call 911 or go to the nearest emergency department. In the United States, call or text 988 for the Suicide & Crisis Lifeline.

2. Who provides which services

Malibu Protocol provides administrative, technology, customer-support, payment, and fulfillment-coordination services. Malibu Protocol is not a medical group, healthcare provider, pharmacy, or laboratory and does not practice medicine or pharmacy.

Clinical services are provided independently by licensed healthcare professionals affiliated with Beluga Health, P.A. or another medical practice identified to you before care begins (the "Provider Group"). The Provider Group and its clinicians exercise exclusive professional judgment over evaluation, diagnosis, treatment, medical necessity, prescribing, dosage, laboratory needs, follow-up, and referral. Malibu Protocol does not direct or override those decisions.

Prescription products are dispensed by independent licensed pharmacies identified in the applicable order, prescription label, or fulfillment notice. The Pharmacy is responsible for compounding or dispensing, labeling, patient counseling within its professional role, and pharmacy practice.

Your use of Malibu Protocol does not create a provider-patient relationship with Westward. A provider-patient relationship with the applicable Provider Group is formed only as determined by the clinician and applicable law after the required clinical process. Completing an intake, making a payment, or requesting a product does not itself create that relationship.

3. Eligibility and geographic availability

You may use patient-facing Services only if you:

are at least 18 years old and legally able to agree to these Terms;
are physically located in the United States when receiving clinical care;
are located in a state where the requested service, clinician, and pharmacy fulfillment are then available;
provide accurate identity, contact, location, health, and payment information; and
use the Services only for yourself unless a legally authorized workflow expressly permits you to act for another person.

Availability may change because of licensure, professional judgment, law, pharmacy capability, inventory, or other operational constraints. We may ask you to verify identity and physical location. Meeting the threshold conditions does not guarantee that a clinician will accept a case or recommend treatment.

4. Telehealth and clinical materials

Clinical care may use asynchronous questionnaires, secure messaging, SMS/MMS, telephone, video, images, laboratory information, or other permitted telehealth methods. Before care, you must review and accept the Provider Group's current telehealth informed consent and receive or acknowledge its Notice of Privacy Practices as applicable. State-specific disclosures may also apply.

Treatment-specific questionnaires and consents are clinical materials supplied or approved by the Provider Group. You must answer every required question yourself and may not ask anyone to falsify, prepopulate, or conceal information. The Provider Group may require synchronous care, laboratory testing, in-person care, additional documentation, or follow-up as a condition of treatment.

5. No medical advice from Malibu Protocol

Marketing, educational, product, protocol, support, and other non-clinical content supplied by Malibu Protocol is general information. It is not medical advice, a diagnosis, a prescription, or a substitute for an individualized evaluation by a qualified clinician. Do not delay or disregard professional care because of site content.

Customer-support personnel cannot answer clinical questions, change a prescription, select a dose, promise eligibility, or instruct a clinician or pharmacy. Direct clinical questions through the care channel identified by the Provider Group.

6. Prescriptions and treatment decisions

No prescription, medication, dose, result, or treatment outcome is guaranteed. A clinician may decline, defer, modify, discontinue, or refer care when the clinician determines that telehealth or the requested treatment is not appropriate. The clinician may prescribe something different from what you requested or may prescribe nothing.

You must promptly report material changes in your health, medications, allergies, symptoms, pregnancy status, location, and other information relevant to care. You are responsible for reviewing provider and pharmacy instructions, using medication only as prescribed for you, and keeping it secure from others. You may not resell, transfer, share, or misuse any prescription product.

Controlled substances and products represented as "research use only" are not offered through the Malibu Protocol storefront. Product availability remains subject to the applicable clinical program and law.

7. Compounded-medication disclosure

When a clinician determines that a compounded medication is appropriate, an independent licensed pharmacy prepares it for the individual patient. A compounded medication is not approved by the U.S. Food and Drug Administration. The FDA does not review a compounded formulation for safety, effectiveness, or quality before it is marketed, and a compounded medication is not an FDA-approved generic or automatically equivalent to any branded medication.

Any reference to an active ingredient, published study, or FDA-approved product does not mean that Malibu Protocol's specific compounded formulation was tested in that study or approved by FDA. Final labeling, ingredients, concentration, dosage form, packaging, and appearance are determined by the prescription and dispensing pharmacy and may differ from illustrative site images.

8. Accounts and security

You are responsible for maintaining control of your email account, phone, authentication links, devices, passwords, and account access. Do not share an authentication link or permit another person to impersonate you. Notify us promptly if you suspect unauthorized access.

You must provide a phone number and email address you are authorized to use and keep them current. You are responsible for reading time-sensitive clinical, account, payment, and fulfillment communications. Mobile carrier and internet charges may apply.

9. Your information and conduct

You represent that information and materials you submit are accurate, current, complete, and your own or lawfully provided. You may not:

impersonate another person or submit information for another patient without legal authority and an approved workflow;
seek medication through fraud, material omission, duplicate identities, or manipulation of an intake;
upload malicious code or interfere with security or normal operation;
access another person's account or attempt to obtain unauthorized data;
scrape, reverse engineer, resell, or commercially exploit the Services except as nonwaivable law permits;
use the Services to violate law or another person's rights; or
harass clinicians, pharmacy personnel, support staff, or other users.

We may investigate misuse, preserve evidence, restrict access, or cooperate with the Provider Group, pharmacies, processors, and authorities as permitted or required by law.

10. Prices, payments, and recurring plans

The exact checkout disclosure presented before purchase controls the amount due now, later charges, cadence, minimum term if any, included services, and applicable promotion. Unless checkout expressly says otherwise, insurance is not billed and you are responsible for the disclosed charge.

You authorize us and our payment processor to charge the payment method you provide for amounts you affirmatively approve, applicable taxes, and disclosed fees. You represent that you are authorized to use that payment method.

A purchase does not buy or guarantee a prescription. If a plan renews automatically, we will obtain separate affirmative consent to the clearly displayed renewal terms, provide a retainable acknowledgment, send notices required by applicable law, and provide an immediate online cancellation method. Cancellation stops future renewals but does not automatically reverse services already performed or medication already prepared or dispensed.

The separate Payments, Subscriptions, Cancellation & Refund Policy is incorporated into these Terms.

11. Cancellation, refunds, returns, and chargebacks

Eligibility, provider review, pharmacy preparation, shipment, and support are different stages with different costs and legal constraints. Refund eligibility depends on the stage reached when a valid cancellation request is received, as described in the Payments, Subscriptions, Cancellation & Refund Policy.

Prescription medication generally cannot be returned or restocked after it is prepared for a named patient or dispensed. Do not mail medication back unless the dispensing pharmacy gives written instructions. Contact us promptly about damage, suspected temperature excursion, wrong product, missing contents, or delivery failure; do not use a product you believe is compromised.

A chargeback does not cancel a clinical relationship, prescription, or future renewal. Use the published cancellation and support channels so we can address the issue and preserve any necessary continuity-of-care instructions.

12. Shipping and fulfillment

Shipping estimates begin only after any required clinical approval, payment, and Pharmacy processing. They are estimates unless expressly stated as guaranteed. The independent Pharmacy and carrier control preparation and transit. We will provide delay, cancellation, and refund choices as required by law.

You are responsible for a complete deliverable address, prompt retrieval, secure storage, and following label instructions. Delivery responsibilities, signature requirements, reshipment eligibility, and state restrictions are governed by the Shipping & Fulfillment Policy and applicable law. No policy transfers a risk that applicable law places on the seller before delivery.

13. Electronic communications

You agree to receive electronic records and transactional communications needed to operate your account, deliver requested services, process payment, protect security, and provide fulfillment updates. Care-related texts are governed by a separate care-SMS consent. Marketing email and marketing texts require the applicable permission and are not a condition of purchase or care. See the Communications Terms for delivery limitations and opt-out instructions.

You consent to use electronic records and signatures for the Services. You must have an internet-capable device, a current browser capable of displaying the records, and an email address you can access. You may download or print records and may request a paper copy at email legal@malibuprotocol.com; any fee limited to the amount permitted by applicable law. Withdrawing consent to electronic records may require closure of an electronically administered account or use of an alternative process, but it does not cancel a transaction, recurring plan, or Clinical Services. Use the separate cancellation method for recurring charges and contact the Provider Group about care.

14. Privacy

Our Privacy Policy explains Westward's information practices. The Provider Group's Notice of Privacy Practices and privacy policy explain its practices for clinical information and medical records. These documents apply to different entities and should be read together.

Do not send detailed medical information through a general support or privacy email address. Use the secure clinical channel identified for your care.

15. Intellectual property and feedback

The Services and their non-clinical content, software, designs, trademarks, and other materials are owned by Westward or its licensors and protected by law. Subject to these Terms, Westward grants you a personal, limited, revocable, nonexclusive, nontransferable right to use the Services for their intended consumer purpose.

You retain ownership of materials you lawfully submit. You grant us the rights reasonably necessary to host, secure, transmit, and process them to provide the requested Services and comply with law. Clinical records remain subject to the Provider Group's rights and legal duties.

If you voluntarily provide product feedback outside a clinical communication, we may use it without compensation, but we will not publicly identify you or use health information as a testimonial without the permissions required by law.

16. Third-party services

The Services may link to or rely on independent providers, pharmacies, laboratories, payment processors, carriers, and other third parties. Their own terms and privacy notices may apply. Westward does not control independent clinical judgment, pharmacy practice, laboratory operations, carrier networks, or third-party websites.

17. Changes, suspension, and termination

We may modify or discontinue non-clinical features, products, or access when reasonably necessary for safety, security, law, vendor availability, or operations. We may suspend or terminate an account for fraud, abuse, security risk, nonpayment, or violation of these Terms.

Termination of platform access does not erase obligations already incurred or the Provider Group's duties concerning medical records, continuity of care, or required notices. If a material service change affects ongoing care, we and the Provider Group will provide the notice and transition information required by applicable law.

Nonpayment may affect future purchases or non-clinical account features, but it will not be used to withhold legally required records, privacy or billing rights, safety information, cancellation, or an appropriate clinical continuity process controlled by the Provider Group.

18. Disclaimers

To the maximum extent permitted by law, the non-clinical Services are provided "as is" and "as available." Westward disclaims implied warranties concerning merchantability, fitness for a particular purpose, title, and noninfringement. We do not promise uninterrupted access, error-free content, inventory, eligibility, shipping speed, or a particular clinical or commercial outcome.

Nothing in these Terms disclaims a duty or liability that cannot lawfully be disclaimed, and nothing limits the independent Provider Group's professional obligations.

19. Limitation of liability

Limitation of liability.

To the maximum extent permitted by law, Westward will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the non-clinical Services. Westward's aggregate liability for claims arising out of the non-clinical Services is limited to the greater of (a) the amounts you paid to Westward for the non-clinical Services giving rise to the claim during the twelve (12) months before the claim, or (b) one hundred U.S. dollars (US$100), except that this cap does not limit liability for death or personal injury caused by Westward's negligence where such limitation is prohibited, for Westward's fraud or willful misconduct, or for any other liability that applicable law does not permit to be limited. This section does not limit the independent Provider Group's professional obligations or rights that applicable law does not permit the parties to waive.

20. Indemnification

You will indemnify and hold harmless Westward and its members, officers, employees, and agents from third-party claims to the extent caused by your unlawful misuse of the Services, fraud, infringement of another person's rights, or material breach of these Terms, except to the extent caused by Westward's own negligence, willful misconduct, privacy or security failure, or other duty that law does not permit you to assume.

21. Disputes and governing law

Private-beta provisional dispute terms (no arbitration clause published).

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules that would require another state's law, except that healthcare, pharmacy, privacy, and consumer-protection statutes of the state where you receive Clinical Services remain applicable as required by law.

Before filing a claim against Westward arising from the non-clinical Services, you agree to contact legal@malibuprotocol.com and attempt good-faith informal resolution for thirty (30) days. Either party may bring an individual action in small-claims court for qualifying claims. Exclusive venue for other disputes arising from these Terms lies in the state or federal courts located in Wyoming, and you consent to personal jurisdiction there, subject to any nonwaivable consumer or healthcare venue right.

Westward is not publishing a mandatory arbitration or class-waiver clause in this private-beta edition. Any future arbitration program will be presented as a conspicuous amendment requiring fresh assent and outside counsel approval.

22. General terms

Entire agreement and separate clinical terms. These Terms and the policies expressly incorporated into them are the agreement between you and Westward concerning the non-clinical Services. They do not replace the Provider Group's clinical agreements, NPP, telehealth consent, or treatment consent, or the Pharmacy's professional duties.

Severability and waiver. If a court finds a provision unenforceable, it will be enforced to the maximum lawful extent or severed, and the remainder continues. A waiver must be express and applies only to the stated instance. A failure or delay to enforce a term is not a waiver.

Assignment. You may not transfer an account or assign these Terms without our written consent. We may assign these Terms in connection with a merger, financing, reorganization, sale of substantially all relevant assets, or operation of the Services by a successor, subject to applicable notice, privacy, healthcare, and consumer duties.

Events beyond reasonable control. Westward is not responsible for a delay caused by events beyond its reasonable control, including carrier, network, utility, government, disaster, labor, or vendor interruption, but this clause does not eliminate a refund, notice, privacy, security, continuity-of-care, or other duty that law does not permit us to waive.

No implied waiver of statutory rights. A consent, acknowledgment, or use of the Services does not waive a nonwaivable consumer, privacy, healthcare, professional, or product-safety right.

Survival. Provisions that by their nature should survive termination, including accrued payment obligations, intellectual property, lawful record retention, disclaimers, limitations, dispute terms, and this general section, survive to the extent enforceable.

23. Changes to these Terms

We may update these Terms to reflect changes in law, Services, or operations. The page will identify the effective date. We will provide additional notice and obtain new agreement when required by law or when a change materially affects an existing recurring plan or other rights. Changes do not retroactively alter a completed transaction unless law permits and the parties agree.

24. Contact

Questions about these Terms or Malibu Protocol's non-clinical Services:

Email: care@malibuprotocol.com
Legal notices: legal@malibuprotocol.com
Mailing address: Westward Science LLC, Attn: Legal Notices, 30 N Gould St # 67817, Sheridan, WY 82801

Do not include medical details in ordinary email. For medical-record requests, clinical questions, or complaints about a clinician, use the Provider Group contact shown in the Provider Notices & Telehealth page and your care channel.