Terms & Conditions

Effective Date: August 25, 2026

Please read these Terms & Conditions (the “Terms”) carefully. They govern your access to and use of the Indiva Cannabis website, online menu, account features, pickup reservation services, rewards features, communications, and any other website, mobile experience, or digital service that links to these Terms (collectively, the “Services”).

These Terms are an agreement between you and Red White & Bloom Florida Inc., doing business as Indiva Cannabis, a Florida medical marijuana treatment center operating under Florida MMTC License No. MMTC-2018-0014 (“Indiva,” “we,” “us,” or “our”).

By accessing or using the Services, creating an account, submitting an order request, or enrolling in a program governed by these Terms, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Florida Medical Cannabis Services

Indiva operates within Florida's medical marijuana program. The Services are intended to provide information and facilitate lawful access to medical marijuana, low-THC cannabis, marijuana delivery devices, and other products made available by Indiva in Florida.

An online order is a reservation or pickup request—not a completed sale, prescription, guarantee of availability, or authorization to possess cannabis. Every sale remains subject to final verification at the time of fulfillment, including verification of identity, active Florida Medical Marijuana Use Registry (“MMUR”) status, an active physician certification or order, the applicable route of administration, remaining allotment, inventory, and all other legal and operational requirements.

Indiva does not accept out-of-state medical marijuana cards. Products purchased from Indiva may not be transported across state lines, transferred, diverted, or resold. Nothing on the Services authorizes conduct that violates federal, state, or local law.

2. Age and Purchase Eligibility

The consumer website and account features are intended for individuals who are at least 18 years old. By using the Services or creating an account, you represent that you are at least 18 and legally capable of agreeing to these Terms.

To purchase medical marijuana or a marijuana delivery device from Indiva, you must be either:

• a qualified Florida patient with active MMUR status, an active registry identification card or other documentation accepted under Florida law, an active physician certification or order, and sufficient available recommendation for the applicable product and route; or

• a registered Florida caregiver who is at least 21 years old, is officially designated in the MMUR, has an active caregiver identification card, and is authorized to purchase for the applicable qualified patient.

Medical marijuana may not be dispensed directly to a patient under 18. A qualified patient under 18 must act through a properly registered caregiver as required by Florida law. A minor may not create or control an Indiva consumer or rewards account.

Indiva may request a valid government-issued photo identification, MMUR patient or caregiver identification, an OMMU approval email where legally acceptable, and any other information reasonably necessary to confirm identity or eligibility. We may refuse or cancel an order if required information cannot be verified.

3. No Medical Advice

Information available through the Services—including information about products, formats, potency, cannabinoids, terpenes, onset, duration, general use, storage, or commonly reported experiences—is provided for general educational purposes only. It is not medical advice, diagnosis, treatment, or a substitute for advice from a qualified physician or other licensed healthcare professional.

Indiva employees do not diagnose conditions, prescribe cannabis, determine your appropriate dose, or replace your qualified physician. Consult your physician regarding your certification, dose, medical condition, medications, possible interactions, pregnancy or breastfeeding, and any questions about whether a product is appropriate for you.

Products sold by Indiva have not been approved by the U.S. Food and Drug Administration to diagnose, treat, cure, or prevent any disease. The FDA has separately approved certain cannabinoid drug products that are not the same as state-dispensed medical marijuana products. Product effects vary by person, product, dose, route, and other factors. No description, filter, review, recommendation, or statement on the Services guarantees any particular experience or result.

4. Product Safety and Responsible Use

Always follow your physician's directions and the product label. Keep all cannabis products in their original labeled packaging and store them securely away from children, pets, heat, light, and moisture. Follow any product-specific refrigeration or storage instructions.

Cannabis may cause impairment. Do not drive, operate machinery, or perform dangerous activities while impaired. Do not combine cannabis with alcohol, prescription drugs, or other substances without first speaking with a qualified healthcare professional.

If you believe someone is experiencing a medical emergency, call 911. For poison-related questions in the United States, contact Poison Control at 1-800-222-1222.

5. Accounts and Account Security

Some Services require an account. You agree to:

• provide accurate, current, and complete information;

• maintain and promptly update your information;

• create only one personal account unless Indiva authorizes otherwise;

• keep your password and verification codes confidential;

• prevent unauthorized access to your account and devices; and

• promptly notify Indiva through the Contact page if you suspect unauthorized use or a security issue.

Your account is personal to you. You may not sell, transfer, lend, share, or allow another person to use it. You are responsible for activity performed through your account to the extent permitted by law.

Indiva may require identity or account verification, merge duplicate accounts, correct account data, restrict access, or suspend or close an account when reasonably necessary to protect patients, comply with law, address fraud or misuse, or maintain the security and integrity of the Services.

Any allotment, available recommendation, or MMUR information displayed in your Indiva account is provided as an estimate for convenience. The official MMUR record controls. Recent purchases, physician updates, route changes, and registry delays may not immediately appear in the Services.

6. Product Listings and Batch Information

We make reasonable efforts to present current and accurate product information. However, inventory, product selection, packaging, images, pricing, promotions, cannabinoid content, terpene content, weight, availability, and other characteristics may vary by location, batch, and time.

Product images are illustrative and may not depict the exact batch or final packaging you receive. Batch-specific package labeling and the applicable certificate of analysis (“COA”) provide batch-level information. If they appear inconsistent with the website description, do not use the product until you have contacted Indiva for clarification. Nothing in this section limits Indiva's obligation to provide legally required product information accurately or any right that cannot be waived. You should review the package label and batch-specific COA before use.

The display of a product does not guarantee that it is available, appropriate for your physician certification, within your remaining allotment, or eligible for a particular discount or reward.

7. Online Pickup Reservations

You must select the correct Indiva location before ordering. Inventory, pricing, promotions, and fulfillment options may differ by location.

Adding an item to a cart does not reserve it. When you submit an order, you are requesting that the selected location prepare eligible items for pickup. Indiva may accept, modify with your approval, or cancel the request based on inventory, product limits, MMUR eligibility, available recommendation, payment issues, suspected error or fraud, store operations, safety concerns, or legal requirements.

No sale is final until Indiva has completed all required verification, accepted payment through an authorized method, recorded the dispensation as required, and released the products to an authorized patient or caregiver.

Unless an order confirmation expressly states that a price or promotion is locked, the final price, promotion eligibility, available inventory, and qualifying subtotal are determined when the transaction is completed. If an inventory, price, promotion, or order change materially changes the amount due, Indiva will give you an opportunity to accept the revised transaction or cancel the affected item or order before completion.

Indiva will not substitute a different cannabis product without your approval. If an item is unavailable, we may contact you to offer alternatives or remove the item from the order.

Orders must be collected during the pickup window communicated by the selected location. Indiva may cancel an uncollected order after that window. To request a change or cancellation, contact the location handling your order as soon as possible. Changes are not guaranteed and remain subject to inventory and available recommendation.

At pickup, the patient or caregiver must present all identification and documentation required by law. Only the authorized patient or registered caregiver associated with the order may receive the products.

Indiva does not currently offer delivery through the Services. If delivery is introduced, additional location-specific terms may apply and will be presented before an order is submitted.

8. Prices, Payments, Taxes, and Fees

Prices are shown in U.S. dollars and may vary by location. Unless expressly locked in an order confirmation, prices and promotion eligibility are finalized when the transaction is completed. Indiva may correct typographical, technical, inventory, or pricing errors before a sale is finalized. If a correction materially changes an order, we will provide an opportunity to accept the correction or cancel the affected item or order.

Payment must be made using a method accepted by the selected location or displayed during checkout. A payment provider may impose a clearly disclosed processing or service fee. Medical marijuana and qualifying marijuana delivery devices will receive any tax treatment required by Florida law; non-cannabis merchandise or accessories may be taxable.

You are responsible for charges you authorize. If a payment is reversed, disputed, declined, or later determined to be unauthorized, Indiva may cancel the order, adjust associated rewards, and take reasonable steps to protect the account and recover amounts lawfully owed.

9. Promotions, Discounts, and Offers

Promotions and discounts are subject to their posted terms, including eligibility, location, products, dates, inventory, transaction limits, and exclusions. Unless a specific offer states otherwise regarding one of those subjects:

• it is available only during the stated promotional period;

• it cannot be applied retroactively;

• it has no cash value and cannot be exchanged for cash;

• it is limited to eligible patients or caregivers and qualifying products;

• it is subject to available inventory and legal purchase limits; and

• it may be modified or withdrawn before redemption when required by law, regulation, correction of an error, or circumstances beyond Indiva's reasonable control.

For these Terms, “Regular Posted Price” means Indiva's genuine, nonpromotional price for the eligible item at the participating location before a promotion, discount, or Reward is applied. It is not an artificial, inflated, or temporary comparison price. Any internal or promotional material that uses the phrase “original MSRP” means the Regular Posted Price as defined here. Indiva Rewards and offers stated as a percentage or amount off are calculated from that price unless the specific offer clearly states a different lawful basis.

Promotions and discounts do not stack with one another. However, a member may combine one promotion or discount with one Reward redeemed from accrued loyalty points, including a Hybrid Reward. The promotion or discount is calculated first from the Regular Posted Price. The dollar-value component of the accrued-point Reward is then applied to the remaining eligible subtotal, and any included product benefit is processed under the Rewards Terms. Only one Reward may be used in the transaction. A Birthday Reward or another account benefit not redeemed from accrued points does not qualify for this stacking exception. A combination cannot create cash, change, store credit, or a negative balance. The specific terms displayed with an offer control its other eligibility requirements, limits, products, dates, and exclusions. Indiva may verify eligibility and decline duplicative, manipulated, fraudulent, or otherwise unauthorized use.

Current Indiva discount policies and eligibility criteria are available on the Promotions & Discounts page. Promotion and discount information displayed on the Services forms part of the applicable offer terms.

10. Returns, Exchanges, Recalls, and Quality Concerns

An eligible cannabis product may be presented at the original purchase location within 15 calendar days after purchase for review. For this policy, an eligible product generally means a product that is recalled, defective, damaged before transfer, misdispensed, or materially nonconforming to its label or package. A preference, expected effect, taste, aroma, or change of mind does not by itself make a product eligible unless a specific satisfaction offer states otherwise. Subject to inspection and applicable law, Indiva will provide a replacement or store credit equal to the net amount actually paid for the accepted item after promotions and Rewards. Redeemed points are handled separately under the Rewards Terms. Cash refunds are not available unless required by law.

Indiva may require proof of purchase, the original labeled packaging, any safely retainable remaining product, and information reasonably necessary to identify the batch and evaluate the issue. Indiva may waive a documentation requirement when it can verify the transaction or when safety requires different handling. Products that were improperly stored, used contrary to instructions, altered, transferred, or not purchased from Indiva may be ineligible.

The 15-day period does not limit a recall remedy or a right that cannot be limited by law. If a product is recalled, stop using it and follow the recall notice. General merchandise, accessories, and delivery devices may be subject to different posted terms or manufacturer warranties.

Store credits or credit memos issued in exchange for returned merchandise are separate from Rewards Points and will not expire or incur postsale fees except where Florida law expressly permits. Paid gift cards or stored-value products, if offered, are governed by separate terms and do not inherit the Rewards Program's point-expiration rule.

Contact the purchasing location or use the Contact page promptly if you have a product quality or safety concern. Do not submit private medical information through the general Contact form.

11. Indiva Rewards

Participation in Indiva Rewards is governed by the separate Indiva Rewards Terms & Conditions, which are incorporated into these Terms by reference. If the Rewards Terms conflict with these Terms regarding the earning, expiration, or redemption of points or rewards, the Rewards Terms control for that subject.

12. Electronic Communications

When you use the Services, create an account, submit an order, or contact us, you may receive nonpromotional communications necessary to provide the requested service. These may include account verification, password reset, order status, pickup, transaction, security, product safety, recall, customer-service, and rewards-administration messages.

Promotional email is optional and separate from account creation, ordering, and Rewards enrollment. Indiva will send promotional email only as permitted by law and based on a separate choice or consent for that channel. You may unsubscribe using the link in any promotional email or another method described on our Contact page.

Under the Florida MMTC advertising rule in effect when these Terms were drafted, promotional SMS is not an authorized internet-marketing channel. Indiva will not send promotional text messages unless later permitted by applicable Florida law or rule, approved by the Florida Department of Health where required, covered by any necessary Indiva-specific variance, and supported by separate legally sufficient consent. A consent to receive nonpromotional texts is not consent to promotional texts.

If you separately request or consent to automated nonpromotional texts concerning orders, pickups, account security, product safety or recalls, customer-service requests, or Rewards administration, message and data rates may apply. You may reply STOP or use another reasonable method described in the message or on our Contact page to revoke consent. You represent that you are the subscriber or customary user of a mobile number you provide. If you stop using or transfer that number, update your account or notify Indiva promptly. Wireless carriers are not responsible for delayed or undelivered messages. If an opt-out request does not clearly identify the message categories it covers, Indiva may send one nonpromotional clarification message. Unless you clarify that you wish to continue receiving a category, Indiva will stop further automated calls or texts for which consent is required. Messages not requiring consent may continue only as permitted by law.

Opting out of marketing does not prevent Indiva from sending nonpromotional messages needed to complete a transaction, respond to you, protect an account, communicate product safety information, or comply with law.

13. Acceptable Use

You may use the Services only for lawful, personal, noncommercial purposes. You may not:

• violate these Terms or any applicable law;

• misrepresent your identity, age, patient or caregiver status, physician certification, allotment, or eligibility;

• place an order for another person unless you are their authorized registered caregiver;

• transfer, divert, resell, or attempt to obtain cannabis unlawfully;

• use another person's account, credentials, medical identification, offer, or rewards;

• scrape, harvest, copy, crawl, index, or extract data from the Services by automated means without written permission;

• bypass an age screen, authentication, security control, rate limit, location restriction, or access restriction;

• introduce malware or attempt to probe, disrupt, damage, or gain unauthorized access to the Services or connected systems;

• use the Services to harass, threaten, defraud, impersonate, or infringe the rights of another person;

• submit false, unlawful, defamatory, infringing, or harmful content; or

• use Indiva names, marks, content, or data to create a competing service or imply endorsement without permission.

We may investigate suspected violations and cooperate with regulators or law enforcement as permitted or required by law.

14. Intellectual Property

The Services and their contents—including text, graphics, photographs, videos, product presentation, artwork, software, code, interfaces, design, trademarks, logos, and compilations—are owned by or licensed to Indiva and are protected by intellectual-property laws.

Subject to these Terms, Indiva grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for your personal, lawful use. No other right or license is granted. You may not reproduce, modify, distribute, sell, publicly display, publish, create derivative works from, or commercially exploit any portion of the Services without prior written permission, except as permitted by law.

“Indiva Cannabis,” associated logos, product-family names, and other source identifiers are trademarks or trade dress of Indiva or their respective owners. You may not use them in a way that is likely to cause confusion or imply sponsorship.

15. Feedback and Submissions

If you send us nonconfidential feedback, ideas, suggestions, or comments about the Services, you grant Indiva a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, adapt, publish, and incorporate that feedback for lawful business purposes without compensation or attribution.

Do not send trade secrets, confidential business information, or private medical information through a general feedback or Contact form. Personal information submitted through a form is handled as described in the Privacy Policy.

16. Third-Party Services and Links

The Services may rely on or link to third-party services, such as online ordering, point-of-sale, payment, mapping, geolocation, analytics, customer support, laboratory-result, social-media, or communication providers. A third party may have separate terms and privacy practices that apply when you use its service.

Independent third-party websites control their own content and practices, and a link does not constitute endorsement. Service providers that process information on Indiva's behalf are addressed in the Privacy Policy. Nothing in these Terms disclaims responsibility that applicable law places on Indiva for its selection, instruction, or oversight of a service provider.

17. Service Availability and Changes

The Services may be unavailable, delayed, interrupted, or changed for maintenance, security, technical, operational, regulatory, or other reasons. Indiva may add, remove, suspend, or modify features at any time. We do not guarantee that every feature, product, location, or piece of content will always be available.

Where reasonable, Indiva will try to correct material errors and restore affected Services. Nothing in this section limits rights that cannot be waived under applicable law.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” INDIVA DISCLAIMS ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

INDIVA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT WEBSITE INFORMATION WILL ALWAYS BE COMPLETE, CURRENT, OR ACCURATE. THIS DISCLAIMER DOES NOT ELIMINATE ANY EXPRESS PRODUCT WARRANTY, RETURN RIGHT, OR OTHER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, INDIVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, INDIVA'S TOTAL LIABILITY FOR A CLAIM ARISING SOLELY FROM THE DIGITAL SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO INDIVA FOR THE TRANSACTION GIVING RISE TO THE CLAIM.

These limitations do not apply to product-related bodily injury or death, unauthorized disclosure of confidential patient records, violation of applicable data-security duties, fraud, willful misconduct, gross negligence, or statutory rights and remedies that cannot be waived.

20. Indemnification

You agree to indemnify Indiva against a third-party claim to the extent caused by your intentional unlawful use of the Services, diversion or resale of products, infringement of another person's rights, or material violation of these Terms. This obligation does not apply to a first-party consumer claim or to loss caused by Indiva.

21. Governing Law and Venue

These Terms and any dispute arising from them or the Services are governed by the laws of the State of Florida, without regard to conflict-of-law rules, and applicable federal law.

Unless applicable law requires otherwise, you and Indiva agree that any court proceeding arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and each party consents to those courts' jurisdiction and venue.

22. Additional Legal Terms

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

Indiva's failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without Indiva's written consent. Indiva may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law.

Section headings are for convenience only. These Terms, the Privacy Policy, the Indiva Rewards Terms, and any specific terms presented with an order, promotion, return, or feature form the entire agreement between you and Indiva regarding the Services. If provisions conflict, the following order applies: (1) terms presented for a specific transaction, promotion, or feature; (2) the Indiva Rewards Terms for Program matters; (3) a specific posted return, exchange, or recall policy for that subject; (4) these Terms; and (5) general website content. Specific offer language may not override the combination limits in Section 9 or the one-Reward-per-transaction limit in the Rewards Terms unless Indiva publishes a revised policy expressly changing those limits.

Provisions that by their nature should survive termination—including intellectual-property, disclaimer, liability, indemnification, dispute, and accrued-right provisions—will survive.

23. Changes to These Terms

We may update these Terms to reflect changes in law, regulation, operations, technology, or the Services. The updated Terms will be posted with a revised Effective Date. Material changes will apply prospectively, and we will provide additional notice when required by law.

Your continued use of the Services after updated Terms take effect constitutes acceptance of the updated Terms. Continued use will not be treated as consent where applicable law requires a separate affirmative act. If you do not agree, stop using the Services and close your account.

24. Accessibility Assistance

If you experience difficulty accessing the Services or need information in another format, use the Contact Us page or call the applicable Indiva location. We will work with you to provide the information or service through an accessible method.

25. Contact Us

Questions about these Terms may be submitted through the Contact Us page or mailed to:

Indiva Cannabis
Attn: Legal
6135 W Sitka St, 2nd Floor
Tampa, FL 33634