Terms and Conditions of Use

1. Introduction

Aava Health (“Aava,” “we,” “us,” or “our”) owns and operates the website at aavahealth.com and its related patient and provider portals and applications (collectively, the “Services”). In these Terms, “you” and “your” refer to the person using the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy. If you do not agree, you may not use the Services.

2. Overview, Availability, and Eligibility

The Services provide a technology platform that may include health and wellness information, coordination of telehealth consultations with independent licensed providers, coordination of prescription fulfillment through licensed pharmacies, and administrative support for scheduling and payment. Certain Services may only be available to residents of certain states, and you will be notified of any such limitations.

The Services are intended only for individuals located in the United States who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18, are located in a state where we operate, and that all information you provide is accurate and complete. Meeting these requirements does not guarantee that you will be prescribed any treatment.

3. Telehealth Services and Your Relationship with Aava

Telehealth involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. By using the Services, you consent to receive care via telehealth and to the electronic transmission of your health information to the independent providers and pharmacies involved in your care.

Aava does not practice medicine and does not provide medical services. Aava is a technology and administrative platform that connects you with independent, U.S. licensed health care providers. All medical decisions — including whether to prescribe any medication — are made solely by those independent providers based on the information you submit. By using the Services to consult with a provider, you are not entering into a provider-patient relationship with Aava. Except for specific communications from a licensed provider, no information you receive through the Services should be considered medical advice.

Telehealth has limitations, and a provider may determine that your condition is not suitable for treatment via telehealth and that you should seek in-person care. No transmission of information over the internet can be guaranteed to be 100% secure.

4. Pharmacy and Prescription Fulfillment

If an independent provider prescribes a medication for you, your prescription may be fulfilled by a licensed pharmacy partner. You consent to Aava sharing the information necessary for fulfillment (such as your name, address, and prescription details) with the dispensing pharmacy. Certain medications may be compounded by a licensed compounding pharmacy. Compounded medications are not reviewed or approved by the U.S. Food and Drug Administration (FDA) for safety or efficacy; a licensed provider will determine whether a compounded medication is appropriate for you.

5. Financial Responsibility; No Insurance

By using the Services, you are choosing to obtain products and services on a cash-pay basis, outside of any commercial health insurance plan or federal or state health care program. You are solely responsible for the cost of any services or products provided to you. Aava and the independent providers do not accept insurance and are not enrolled with Medicare, Medicaid, or other federal or state health care programs.

By using the Services, you agree that you will not seek payment or reimbursement from any insurance plan or third-party payer for products or services purchased through Aava, will not count amounts paid toward any insurance deductible or out-of-pocket requirement, and, if enrolled in Medicare Part D, will not count any amount paid toward your true out-of-pocket (“TrOOP”) costs.

6. Billing and Refunds

You are not charged at the time you submit your intake. Your payment method is securely saved, and your card is charged only if and when a licensed provider approves a treatment plan for you. If no treatment is approved, you are not charged. If your payment method is charged and you are subsequently found unsuitable for treatment, you will be refunded. Due to federal regulations governing prescription medications, we cannot accept returns or provide refunds once a medication has been dispensed by the pharmacy. Certain Services may be offered on a recurring subscription basis; if so, the price, billing frequency, and cancellation terms will be disclosed to you at checkout, and your payment method will be charged on a recurring basis until you cancel.

7. Registration and Account Security

You may be required to create an account to use certain parts of the Services. You agree to provide accurate information and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree not to share your account, create more than one account, or use another person's account, and to notify us immediately of any unauthorized use.

8. SMS & Text Messaging Terms

By providing your mobile phone number and opting in, you agree to receive SMS/text messages from Aava Health related to your account and care. These messages may include login verification codes, visit and account updates, shipping and tracking notifications, and medication refill reminders.

• Fees: Aava Health does not charge for this service, but message and data rates may apply depending on your mobile carrier plan.
• Frequency: Message frequency varies based on your account activity and visit history.
• Opt-Out: You may cancel the SMS service at any time by replying “STOP” to any text message you receive from us. After sending STOP, you will receive one final confirmation message, and no further messages will be sent to your device.
• Help: If you experience issues with the messaging program, reply “HELP” for assistance, or call our support line at 1-866-963-6337.
• Privacy: Please see our Privacy Policy. No mobile information or SMS consent will be shared with third parties or affiliates for marketing or promotional purposes.

Access to the Services is not conditioned on your consent to receive promotional text messages. Text messages and emails are not encrypted and may be intercepted; if you choose to send or receive sensitive information by text or email, you do so at your own risk.

9. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and protect your information.

10. Ownership and License

Aava and its licensors own all right, title, and interest in the Services and their content, including all software, text, images, design, and trademarks. Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable right to access and use the Services for your personal, non-commercial use. You may not reproduce, distribute, modify, reverse engineer, or commercially exploit any part of the Services without our express written permission.

11. Restrictions on Use

You agree not to: impersonate any person or entity; violate any law; reverse engineer or disrupt the Services; transmit malware; access the Services by automated means without permission; resell or commercially exploit the Services; harass or harm any provider or user; circumvent security measures; or use the Services in any unlawful manner or beyond the scope of use granted here.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AAVA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU USE THE SERVICES AT YOUR OWN RISK.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AAVA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AAVA'S TOTAL LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO AAVA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Aava, its affiliates, and their respective officers, employees, contractors, and agents from any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services in an unauthorized manner, your violation of law, your negligence or willful misconduct, or your breach of these Terms.

15. Third-Party Links

The Services may contain links or features operated by third parties. We do not control and are not responsible for third-party services, and their inclusion does not imply endorsement. Your use of any third-party service is at your own risk.

16. Changes to the Terms and Services

We may revise these Terms at any time. Changes are effective upon posting unless applicable law requires otherwise, and the “Last updated” date will reflect the revision. Your continued use of the Services after changes are posted constitutes acceptance. We may also modify, suspend, or discontinue any part of the Services at any time.

17. Termination

These Terms remain in effect while you use the Services. You may terminate by discontinuing use. We may suspend or terminate your access at any time, with or without notice, including for any violation of these Terms. The Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution sections survive termination.

18. Dispute Resolution; Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. You and Aava agree to first attempt to resolve any dispute informally by sending a written description of the dispute to the other party and engaging in good-faith negotiation for at least sixty (60) days. If the dispute is not resolved, you and Aava agree that any remaining dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court, except that either party may bring qualifying claims in small claims court. Arbitration will be conducted by a recognized arbitration provider under its consumer rules, in the U.S. county where you reside, and governed by the Federal Arbitration Act.

CLASS ACTION WAIVER: You and Aava agree that arbitration will be conducted only on an individual basis and not as a class, collective, or representative action. YOU AND AAVA WAIVE THE RIGHT TO A TRIAL BY JURY. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms.

19. Governing Law; Severability

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. If any provision is found unenforceable, it will be modified to reflect the parties' intent as closely as possible, and the remaining provisions will remain in full effect.

20. Miscellaneous

No waiver of any term is a continuing waiver. These Terms create no partnership, joint venture, or agency relationship between you and Aava. You may not assign your rights under these Terms; Aava may assign its rights in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Aava regarding the Services.

21. Contact

Questions about these Terms may be directed to our support team at 1-866-963-6337 or through the contact options on our website.