Terms and Conditions

By accessing or using the Alivia platform, also referred to as the “Service”, you agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and our Telehealth Consent form. If you do not agree with any part of these Terms, you must not use the Service. We may update these Terms at any time, and your continued use of the Service means you accept all changes.

Alivia is a technology platform that connects you with independent, licensed healthcare professionals (the “Providers”) for telehealth consultations, personalized wellness plans, and, where appropriate, prescriptions. The Providers are independent contractors and are solely responsible for the medical advice and treatment they provide; Alivia itself does not practice medicine. Our focus is on personalized wellness, which often involves peptide therapy, but you understand that results are not guaranteed. ALIVIA IS NOT A SUBSTITUTE FOR EMERGENCY CARE. If you have a medical emergency, you must call 911 immediately. As a patient, you must provide accurate, complete, and truthful information about your health and location during appointments, agree to fully participate in your treatment plan, and ensure you have the necessary internet connection and equipment for your appointments. You must also ensure you are in a private and quiet location during your consultation to protect your privacy.

You understand that telehealth services involve specific risks and benefits, including the fact that Providers cannot perform a hands-on physical exam, which may limit their ability to diagnose or treat certain conditions. You also acknowledge the risk of technical issues that could interrupt your session. Prescribed peptides may be dispensed by a compounding pharmacy, which prepares customized medications. You accept that the efficacy of any prescription cannot be guaranteed, and you acknowledge the potential risks, side effects, and benefits associated with the prescribed treatment.

We are committed to protecting your Protected Health Information (PHI) in compliance with HIPAA and other applicable privacy laws, and we use and share your information only as described in our Privacy Policy. By using the Service, you consent to receive electronic communications (emails, texts, calls) from Alivia and your Provider regarding your treatment. You agree to pay all fees for services, labs, and products as outlined at the time of purchase and authorize Alivia to charge your designated payment method. Alivia generally does not accept or bill commercial insurance or Medicare/Medicaid, and you are solely responsible for all costs. You are subject to our cancellation and no-show policy, and due to the personalized nature of our programs, services rendered are generally non-refundable.

I've condensed the legal terms for Alivia into a more continuous, paragraph-based format, while still using bold text for key concepts to maintain clarity.

To the maximum extent allowed by law, Alivia ("Company"), our partner Labs, Pharmacies, or the independent GFE Providers (the healthcare professionals) will not be liable to you for any incidental, indirect, special, exemplary, or consequential damages. This means we are not responsible for unforeseeable or indirect losses, including emotional distress, lost data, lost profits, or damages resulting from your use of or inability to use the Service, or from any third-party products or services. This limitation applies whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company was advised of the possibility of such damages. The Company’s total liability to you for any actual damages you suffer will not exceed a maximum of U.S. $1,000. Furthermore, any claim or legal action related to your use of the Service must be filed within one (1) year of the date the event giving rise to the claim occurred. Note: If a specific jurisdiction prohibits these limitations, they will be applied to the minimum extent permitted by law.

You agree to defend, indemnify, and hold harmless the Company Parties (Alivia, its officers, directors, employees, and agents) and any Third Parties (Labs, Pharmacies, GFE Providers) against all claims, liabilities, damages, costs, and expenses (including attorneys' fees) that arise from your use of the Service, your fraud, violation of law, or intentional misconduct, any breach by you of this Agreement, or your violation of the rights of any other person or entity. We reserve the right to control the defense of any third-party claim for which we are entitled to be indemnified, and you agree to fully cooperate with our defense.

Any legal notices from the Company regarding the Service or this Agreement may be sent to you via email or regular mail at the Company’s sole discretion. When you use the Service or send electronic messages to us or a GFE Provider, you are consenting to receive communications from us electronically. You agree that all electronic agreements, notices, and disclosures we send satisfy any legal requirement that such communications be in writing, and they are deemed received on the date we transmit them.

It is the Company’s policy to terminate the accounts of any User who repeatedly infringes on copyright protections. If you believe your copyrighted work has been infringed on the Service, you must provide our Copyright Agent with specific details, including a signature, a description of the copyrighted work, the location of the infringing material, your contact information, a statement of good faith belief, and a statement made under penalty of perjury that your information is accurate and you are the copyright owner or authorized agent.

This document, along with any other agreements the Company posts on the Service or executes with you, constitutes the entire agreement between you and the Company regarding your use of the Service, superseding any prior agreements.

YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A JURY TRIAL. Except for actions seeking urgent equitable relief (like an injunction to protect our intellectual property), any controversy or claim ("Dispute") related to these Terms or the Service will be settled exclusively by binding arbitration in accordance with the commercial rules of the American Arbitration Association (AAA). This arbitration must be conducted on an individual basis, meaning you waive the right to consolidate your claim with any other party’s claim. The arbitration will be held in a location chosen by the Company. All information disclosed during arbitration must be treated as confidential proprietary business information by all parties. Each party will be responsible for their own counsel fees. The arbitrator’s award will be the sole and exclusive remedy, and you waive all rights to judicial review of that decision. Any action to enforce the award must be brought in the State or Federal courts located in California.

The interpretation and enforcement of this Agreement will be governed by the laws of the State of California, without regard to its conflicts of law provisions. Any action or proceeding to enforce an arbitration decision must be brought in the state or federal courts located in California. You are responsible for complying with all local laws, as accessing the Service from jurisdictions where the contents are illegal is prohibited. If any part of this Agreement is found to be unenforceable, that part will be replaced with terms that most closely match the original intent to the extent permitted by law, and the remaining provisions will remain in full force and effect.

Any third-party software or services (like Labs or Pharmacies) used in connection with the Service are also governed by their applicable terms of use. Aside from the indemnification rights favoring the Company, the Pharmacies, the Labs, and the GFE Providers, and the agreement to arbitration, no other third party has the right to enforce any term of this Agreement.

If you have any questions or concerns about this Agreement, please contact us. We will attempt to respond promptly. contact@aliviaheal.com