Terms & Conditions

Effective Date: August 5, 2024

‍Last Updated: February 27, 2025
‍

BY SELECTING "I AGREE," MARKING A CORRESPONDING BOX TO INDICATE YOUR ACCEPTANCE, USING ANY OTHER METHOD OF CONFIRMATION PROVIDED THROUGH THE SERVICE (AS DEFINED BELOW), OR OTHERWISE EXPLICITLY AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU ALSO AUTHORIZE ANY PARTY WHO SELECTS THE "I AGREE" OPTION OR OTHERWISE ACCEPTS THESE TERMS ON YOUR BEHALF TO ACT AS YOUR AGENT IN DOING SO

As part of its offerings, Ahvina, LLC facilitates the coordination and communication between users and licensed healthcare providers. However, Ahvina, LLC does not replace the relationship between you and your primary physician, and no physician-patient relationship is established between you and Ahvina, LLC or any of its employees, contractors, or representatives. Ahvina, LLC does not provide medical services. Medical services are delivered exclusively by a contracted network of physicians licensed in your state of residence.

Important Notice: The services offered by Ahvina, LLC may not be appropriate for all medical conditions or concerns. If you believe you are experiencing a medical emergency or mental health crisis, contact your physician or dial 911 immediately. These services are not intended for emergency or urgent care. Do not rely on any information obtained through the services to delay or avoid seeking professional medical advice. Ahvina, LLC disclaims responsibility for any actions or omissions taken by users based on information provided through its services.

‍

Arbitration Notice and Class Action Waiver

This agreement contains provisions that limit Ahvina, LLC’s liability to you. It also requires that you resolve any disputes with Ahvina, LLC through binding arbitration on an individual basis, rather than through a lawsuit or court process. Specifically:

1. By entering into this agreement, you waive the right to have any dispute decided in a court of law, whether by a judge or jury, except as provided in Section 16.
2. You also waive the right to pursue any dispute through a class action, consolidated, or representative proceeding.

‍

Introduction

Ahvina, LLC and its affiliates (collectively, "Ahvina, LLC," "we", "us", or "our") own and operate the website located at www.ahvina.com (the "Website"). We refer to the Website and other services provided by Ahvina, LLC collectively as the "Services." In these Terms of Service, the terms "you" and "yours" refer to the individual using the Services.

These terms and conditions of use ("Terms of Service") outline your rights and responsibilities regarding the Services. Your access to and use of the Services are subject to these Terms of Service, our Privacy Policy, and all applicable laws and regulations. In using certain parts of the Services, you may encounter additional or supplementary terms related to those specific Services, and by continuing to use them, you agree to review and be bound by such additional terms.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY OUTLINE THE KEY TERMS YOU NEED TO KNOW ABOUT 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. IF YOU DO NOT OR CANNOT AGREE TO ANY PART OF THESE TERMS, YOU MUST NOT USE THE SERVICES.

‍

THESE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.  

‍

These Terms of Service Include the Following Sections:

• Telehealth Services
• Summary of Services Provided
• Availability and Eligibility
• Opt-in Consent Agreement for Phone Calls, SMS, and Email Communication
• No Insurance Accepted; Notice of Financial Responsibility
• Pharmacy Services
• Ownership 
• Your License to Use the Services
• Account Setup and Registration Process
• Account Security and Confidentiality
• Password and Account Management
• Limitation of Liability
• Privacy
• Restrictions of Use
• User-Generated Content and Ahvina, LLC's Rights to Utilize It
• License to Use User Content
• Copyright Notice
• Disclaimer of Warranties
• Limitation of Liabilities
• Indemnification
• Third-Party Integrations and Links in the Services
• Updates to the Terms of Use and Service Offerings
• Mandatory Arbitration
• Miscellaneous Terms
• Termination
• Ahvina, LLC Return and Refund Policy

‍

Telehealth Services

Ahvina, LLC provides an online platform through which users can access virtual consultations with independent, licensed healthcare professionals (referred to as “Providers”) and mail-order pharmacy services for any prescribed medications (collectively, the "Services"). These Services constitute a form of telehealth, which enables healthcare delivery through electronic communication between healthcare providers and patients who are not physically present in the same location. Telehealth offers various advantages, including convenience, privacy, and affordability.

Telemedicine, as provided by Ahvina, LLC, may be used for a variety of purposes, including but not limited to:

‍

Transfer of electronic medical records: This includes the secure transmission of medical records, personal health information, images, or other relevant data between the patient and the healthcare provider.

‍

Communication through multiple channels: Patients and healthcare providers can interact via various forms of communication, such as audio, video, or data-based systems, allowing for real-time consultations and information exchange.

‍

Integration of medical device data: The healthcare provider may analyze data collected from medical devices, as well as sound or video files, to assist in the diagnosis or treatment of the patient.

‍

Secure data exchange: All information transmitted electronically is safeguarded to ensure patient confidentiality and data integrity during the healthcare interaction.The electronic systems employed by Ahvina, LLC follow strict network and software security protocols designed to protect the privacy and confidentiality of your health information. These systems include safeguards that maintain the integrity of your data and prevent both intentional and unintentional access or corruption by unauthorized parties.

By accepting these Terms of Service, you explicitly agree to receive disclosures, notifications, messages, reports, and other communications from Ahvina, LLC, its contracted providers, and affiliated healthcare organizations through electronic channels, such as your account or email. You are responsible for checking and reviewing these communications regularly. You understand and agree that Ahvina, LLC, its providers, or any affiliated healthcare organization will not be responsible for any loss, injury, or damage resulting from your failure to read or respond to these communications, or from not following treatment recommendations.

Additionally, while Ahvina, LLC strives to protect the security of electronic transmissions, you acknowledge that no electronic communication system can be guaranteed 100% secure. By utilizing the Services, you agree to accept any risks associated with electronic transmission of your health information. Any information shared electronically between you and Ahvina, LLC, or its Providers, is considered as legally binding as if provided in written form.

Before beginning a telehealth consultation, your Provider will obtain your explicit consent to receive telehealth services.

‍

Ahvina, LLC does not provide medical services, either directly or through its platform. Instead, Ahvina, LLC offers a technological platform that allows you to access and communicate with independent, licensed healthcare providers ("Providers") who are either employed by or contracted with a network of physician practices. You may utilize the platform and any information or resources it offers at your discretion when planning your healthcare or wellness. However, the resources and information provided through the platform are for informational purposes only and do not constitute medical advice or serve as a substitute for direct, in-person medical services. These resources do not guarantee any specific medical outcomes or results. Decisions regarding diagnosis, treatment recommendations, or both are entirely between you and the healthcare provider.

‍

You acknowledge and agree that by using the Services to consult or coordinate care with a healthcare provider through the platform, you are not establishing a physician-patient relationship with Ahvina, LLC, its employees, or representatives. The platform is solely a facilitator of healthcare services provided by third-party professionals.

Unless you are in direct communication with a Provider, none of the information you receive through the platform constitutes or should be considered medical advice.

Ahvina, LLC makes no representations or warranties regarding the competence, qualifications, or skills of any Provider. You are solely responsible for determining whether to seek treatment from a Provider through the platform. While Ahvina, LLC takes limited steps to verify that Providers possess the required licenses, certifications, or legal registrations mandated by law, Ahvina, LLC expressly reserves the right to exclude or remove any Provider from its network, at its sole discretion, if it believes the Provider has engaged in inappropriate conduct, violated the platform’s terms of service, or for any other reason deemed necessary by Ahvina, LLC.

‍

By accessing and using the Services, you certify and warrant that you are physically located in the state you have entered as your current location. You further acknowledge and agree that your ability to access and use the Services is contingent upon the truthfulness of this certification and that Ahvina, LLC, its Providers, and its Pharmacy Network rely on the accuracy of this certification to provide you with services. If it is discovered that this certification is inaccurate or false, you agree to indemnify, defend, and hold harmless Ahvina, LLC, its Providers, and its Pharmacy Network from and against any and all damages, losses, claims, liabilities, costs, or expenses arising as a result of such inaccuracy, including reasonable attorneys' fees and costs of litigation.

‍

Summary of Services Provided

The Services provided by Ahvina, LLC may include, but are not limited to, the following:

• Offering individuals information on healthcare and wellness topics.
• Providing individuals access to a network of licensed physicians and healthcare providers who are licensed in the state where the individual resides.
• Facilitating access to mail-order pharmacy services for the delivery of prescribed medications.
• Offering technology-driven tools designed to address specific health concerns.
• Assisting in the development and collection of healthcare records and health information for use in appointments with healthcare providers, ongoing communications, and pharmacy services, all of which are conducted by third-party providers unaffiliated with Ahvina, LLC.
• Providing administrative support for scheduling healthcare provider appointments and processing payments for healthcare and pharmacy services.
• Enabling telecommunications support to facilitate direct communication between users and healthcare providers for consultations, assessments, and treatments via the Services.
• Assisting individuals with the coordination of care between healthcare providers and ensuring the continuity of care throughout treatment.
• Offering individuals access to educational resources and tools to promote preventive care and lifestyle changes.
• Providing assistance with navigating the healthcare system, including referrals to specialists or additional healthcare services as needed.
• Maintaining a secure platform for storing and transmitting personal health information to ensure privacy and compliance with healthcare regulations.

It is important to note that the Services provided by Ahvina, LLC do not constitute medical treatment. You should always consult with a qualified healthcare professional for any final diagnosis, treatment decisions, and guidance on which medications or treatments may be appropriate for you. None of the information provided through the Services guarantees that any specific medication or treatment is safe, effective, or appropriate for your individual circumstances. Ahvina, LLC does not endorse or recommend any specific tests, physicians, medications, products, or procedures.

‍

Availability and Eligibility

Ahvina, LLC is based in the United States, and the Services are intended solely for individuals located within the United States. Ahvina, LLC makes no representations or warranties that the Services, or any content provided through them, are accessible, appropriate, or available outside the United States. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws, including export laws.

Our Services are available for use only by individuals who meet the following criteria. By accessing or using the Services, you represent and warrant that:

• Age Requirement: You must be at least 18 years old to access or use the Services. In certain cases, specific Services may only be available to individuals who are 21 years or older; you will be notified of such age restrictions where applicable. If you are under 18 years of age, you may only access the Services with the express consent of a parent or legal guardian.
• Geographical Requirement: You confirm that you are physically located in a state where Ahvina, LLC operates. The Services are intended to be used only by individuals located within states where Ahvina, LLC is authorized to provide services.
• Compliance: By using the Services, you agree to comply with all applicable laws, regulations, and these Terms of Service. You further agree to provide accurate and truthful information when required, and to adhere to any additional requirements specific to certain Services as outlined by Ahvina, LLC.
• Eligibility Acknowledgment: You understand that satisfying the above criteria does not guarantee access to all Services offered by Ahvina, LLC. Ahvina, LLC reserves the right to update or modify eligibility requirements at any time, at its sole discretion, and without prior notice.
• Technology Requirements: In order to access or use the Services, you must have a compatible device, reliable internet access, and any necessary software. Additional fees or charges may apply for mobile data usage and internet services.

Meeting the above criteria does not guarantee that you will be provided access to all Services. Ahvina, LLC and its affiliated professional entities reserve the right to modify eligibility criteria or add new requirements at any time, at their sole discretion, without prior notice.

‍

Opt-In Consent Agreement for Phone Calls, SMS, and Email Communication

By providing your phone number and email address to Ahvina, LLC, you expressly consent to receive communications from Ahvina, LLC, including but not limited to:

• Appointment reminders,
• Transactional updates,
• Important notices about your account or use of the Services,
• Marketing and promotional messages, and
• Other administrative or informational messages related to the Services.

You understand and agree to the following terms:

1. Consent to Receive Communications: By opting in, you consent to receive communications from Ahvina, LLC via phone calls, SMS (text messages), and email. These communications may include both transactional and promotional messages. You acknowledge that such communications may be made using an automatic telephone dialing system or pre-recorded or artificial voice messages. Standard messaging, data rates, and call charges from your mobile service provider may apply. You understand that your consent to receive phone calls, SMS, or email messages is not a condition of purchasing any goods or services from Ahvina, LLC.
2. Opt-Out Rights: You have the right to withdraw your consent to receive phone calls, SMS, or email messages at any time:
   
   • To stop receiving SMS messages, reply with the word "STOP" to any message from Ahvina, LLC.
   • To stop receiving phone calls, you may request to be placed on our "Do Not Call" list by following the instructions provided during the call or by contacting customer service.
   • To stop receiving email communications, click the "unsubscribe" link at the bottom of any email.

Following your opt-out, Ahvina, LLC will send a final confirmation message to confirm that you have been unsubscribed. Please note that even if you opt out of receiving promotional or marketing communications, you may still receive transactional or administrative communications (e.g., appointment reminders, account updates) necessary for the ongoing use of the Services.

3. Message and Call Frequency: The frequency of phone calls, SMS, or email messages you receive may vary based on your use of the Services and your communication preferences.
4. Data, Message, and Call Rates: Standard messaging, data, and call rates may apply to SMS and phone communications based on your wireless service provider’s plan. Ahvina, LLC does not charge you for sending or receiving SMS or phone calls, but your carrier’s rates may apply. You are responsible for any fees or charges incurred through your mobile provider.
5. Accuracy of Contact Information: You agree to provide accurate, up-to-date contact information (phone number and email) and to promptly notify Ahvina, LLC if there are any changes to your contact details. Ahvina, LLC is not liable for any messages, calls, or emails sent to incorrect or outdated contact information provided by you.
6. Third-Party Disclosure: Ahvina, LLC will not share or disclose your phone number or email address with third parties for marketing purposes without your prior express consent. However, your information may be shared with third-party service providers solely for the purpose of facilitating phone, SMS, or email communications on behalf of Ahvina, LLC in compliance with our Privacy Policy.
7. Additional Terms: By opting in, you also acknowledge and agree to Ahvina, LLC's Terms of Service and Privacy Policy, which govern the use of your personal information and your use of the Services.

Acknowledgment and Agreement:

By opting in, you acknowledge that you have read and understood this Opt-In Consent Agreement for phone calls, SMS, and email communication, and you consent to receive communications from Ahvina, LLC as outlined above.

‍

No Insurance Accepted; Notice of Financial Responsibility

Ahvina, LLC and its affiliated Providers do not accept any form of commercial health insurance and are not considered in-network providers for any commercial health insurance plans. Additionally, Ahvina, LLC and the Providers are not enrolled in federal or state healthcare programs, including but not limited to Medicare and Medicaid. By choosing to utilize the Services offered by Ahvina, LLC, you expressly acknowledge and agree that you are opting to obtain services and products on a cash-pay basis, independent of any commercial health insurance plan or government-funded healthcare program. As such, you are solely and fully responsible for covering all costs associated with any services or products provided to you through the Services.

If you are a beneficiary of a federal or state healthcare program, such as Medicare or Medicaid, you further agree that neither Ahvina, LLC, the Providers, nor any affiliated healthcare organizations or pharmacy services will submit any claims to these programs for reimbursement of costs associated with services or products obtained through Ahvina, LLC. You expressly waive any right to pursue such claims. 

‍

Pharmacy Services

If you are prescribed medication through the use of the Services, you will have the option to select a pharmacy from Ahvina, LLC's contracted network of pharmacies ("Pharmacy Network") to fulfill and ship your prescription. Alternatively, you may opt to have your prescription filled by a pharmacy of your choosing when prompted during your use of the Services. By utilizing the pharmacy services, you expressly consent to Ahvina, LLC disclosing your personal and healthcare information—this may include, but is not limited to, your name, address, demographic details, and healthcare records—to either the Pharmacy Network or the pharmacy you have selected, as necessary to facilitate the processing and fulfillment of your prescription. If a third-party Pharmacy Network is involved, they are solely responsible for the fulfillment, processing, and delivery of your prescription. Ahvina, LLC assumes no responsibility or liability for any issues, delays, or errors that may arise in the fulfillment process by the third-party pharmacy.Ownership and License to Use the Services

‍

Ownership

As between you and Ahvina, LLC, Ahvina, LLC retains exclusive ownership of all rights, titles, and interests in and to the Services and their entire content, features, and functionality. This includes, but is not limited to, all information, software, text, displays, images, video, audio, designs, layouts, selection, arrangement, and overall look and feel of the Services (hereinafter, "Services Content"). All such content is protected by intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.

You are expressly prohibited from engaging in any unauthorized use of the Services or Services Content. This includes but is not limited to:

• Reproducing, copying, or distributing any part of the Services or Services Content without prior written consent from Ahvina, LLC.
• Publishing, modifying, creating derivative works of, reverse-engineering, disassembling, or publicly displaying or performing any part of the Services or Services Content.
• Downloading, storing, transmitting, selling, or participating in the sale of any portion of the Services or Services Content without explicit, written permission from Ahvina, LLC.

Any reproduction, modification, revision, adaptation, translation, or derivative work of the Services or Services Content that is made without the express, written authorization of Ahvina, LLC shall immediately become the sole and exclusive property of Ahvina, LLC, including any and all intellectual property rights contained therein. You acknowledge and agree that you have no rights to use any part of the Services or Services Content for commercial purposes.

Additionally, certain names, logos, trademarks, service marks, or trade names (collectively, "Marks") displayed within the Services are owned by Ahvina, LLC or its affiliates. You are not granted any right or license to use such Marks without the express written permission of Ahvina, LLC. All rights associated with these Marks, including the goodwill derived from their use, remain exclusively with Ahvina, LLC or its affiliates.

‍

Your License to Use the Services

Subject to your strict compliance with these Terms of Service and the Privacy Policy, Ahvina, LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access, view, download, and use the Services and Services Content for your personal, non-commercial purposes only. This license is provided solely for individual use, and Ahvina, LLC reserves the right to revoke or terminate this license at its discretion should you violate any provision of these Terms of Service.

This limited license does not grant you any ownership interest in the Services or Services Content. All rights, titles, and interests not expressly granted to you in these Terms of Service are fully reserved by Ahvina, LLC and its licensors. You further agree not to:

• Circumvent or attempt to circumvent any technical measures designed to prevent unauthorized access to the Services or Services Content.
• Access or use the Services in a manner that violates these Terms of Service, applicable laws, or infringes upon the rights of any third party.
• Use any part of the Services or Services Content for illegal or unauthorized purposes, or in a way that harms Ahvina, LLC, its affiliates, or other users.

Any violation of these restrictions may result in the immediate termination of your access to the Services and will subject you to liability for damages. Ahvina, LLC reserves the right to pursue legal remedies in response to any unauthorized use of the Services or Services Content.

‍

Account Setup and Registration Process

While certain portions of the Services may be accessible without creating an account, you may be required to create an account in order to access or use specific features or areas of the Services. By creating an account with Ahvina, LLC, you agree to provide accurate, current, and complete information about yourself, and to promptly update this information as necessary to ensure it remains accurate and complete. If Ahvina, LLC has reason to believe that the information you have provided is inaccurate, incomplete, or outdated, Ahvina, LLC reserves the right to suspend or terminate your account and deny you further access to the Services.

‍

Account Security and Confidentiality

You agree to keep your username and password confidential and to ensure that you log out of your account at the end of each session. You are fully responsible for all activities that occur under your account, and you must take all necessary precautions to protect the confidentiality of your login credentials. In the event of unauthorized access to your account or any suspected breach of security, you must immediately notify Ahvina, LLC by emailing legal@ahvina.com.

Ahvina, LLC reserves the right to take any actions it deems necessary to protect the security and integrity of the Services, including but not limited to suspending or terminating accounts, resetting passwords, or requiring additional authentication steps. Ahvina, LLC assumes no liability for losses or damages resulting from your failure to comply with these obligations.

‍

Password and Account Management

You are responsible for updating your password immediately if you suspect it has been compromised. You agree that you will not share or transfer your password to any other individual, nor will you create more than one account without express permission from Ahvina, LLC. You are strictly prohibited from using another person’s account at any time without their explicit consent.

‍

Limitation of Liability

Ahvina, LLC expressly disclaims any liability for losses, damages, or claims arising from your failure to comply with these obligations. Your responsibility for safeguarding your account and ensuring the accuracy of your information is essential to the integrity of the Services.

‍

Privacy

Ahvina, LLC understands the critical importance of maintaining the confidentiality and privacy of your health information. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal and health information. The Privacy Policy is hereby incorporated by reference into these Terms of Service and constitutes an integral part of these Terms.

‍

Restrictions on Use

By accessing or using the Services provided by Ahvina, LLC, you agree to adhere to the following restrictions. You are prohibited from engaging in, or attempting to engage in, any of the following activities:

1. Impersonation and Misrepresentation:
   
   • You may not impersonate any person or entity or falsely represent your affiliation with any person or entity.
2. Legal Violations:
   
   • You must not violate any applicable local, state, national, or international law, including but not limited to export laws and regulations.
3. Reverse Engineering and Tampering:
   
   • You are prohibited from reverse engineering, disassembling, decompiling, or otherwise attempting to decipher any of the software or components used in the Services.
4. Malware and Harmful Code:
   
   • You must not distribute, upload, or transmit viruses, malware, Trojan horses, or any other harmful code that could damage or alter any computer, device, network, or the Services.
5. Infringement of Rights:
   
   • You may not access or use the Services in any way that infringes, misappropriates, or otherwise violates the intellectual property or other rights of Ahvina, LLC or any third party.
6. Automated Access:
   
   • The use of robots, spiders, scrapers, or other automated means to access the Services without prior written permission from Ahvina, LLC is strictly prohibited. Additionally, you must not bypass any technical measures used to restrict or limit access to the Services.
7. Unauthorized Commercial Use:
   
   • You may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Services, Service Content, or User Content, unless expressly permitted by Ahvina, LLC.
8. Competition and Detrimental Use:
   
   • You may not develop, create, or offer competing products or services using the Services or use the Services in any manner that could harm or disadvantage Ahvina, LLC.
9. Service Disruption and Interference:
   
   • You must not damage, destroy, disrupt, disable, overburden, or interfere with the Services or any related systems, networks, or data.
10. Trademark and Branding Use:

• You may not use framing techniques to enclose any trademarks, logos, or other proprietary information from Ahvina, LLC without express prior written consent.

11. Prohibited Content:

• You may not post, transmit, or disseminate any content that Ahvina, LLC, at its sole discretion, considers to be:
  
  • Unlawful, harmful, threatening, abusive, harassing, fraudulent, defamatory, obscene, vulgar, or otherwise objectionable;
  • Demeaning or harmful to Ahvina, LLC or any third party's reputation, including that of healthcare providers and affiliated organizations;
  • Content that may incite violence, unlawful activity, or harm to others, including minors;
  • Attempts to obtain the personal information of other users without their consent.

12. Harassment and Discrimination:

• You may not harass, threaten, harm, intimidate, defame, or discriminate against any healthcare provider affiliated with Ahvina, LLC.

13. Security Violations:

• You must not disrupt, interfere with, or violate the security of the Services, any system, or network. This includes any attempts to gain unauthorized access or to bypass any security measures implemented by Ahvina, LLC or its service providers.

14. Tampering with Intellectual Property:

• You may not remove, alter, obscure, or tamper with any trademarks, copyright notices, or other intellectual property rights notices present on the Services or Service Content.

15. Unauthorized Monitoring or Copying:

• The use of any manual or automated process to monitor or copy the Services or Service Content for unauthorized purposes is strictly prohibited.

16. Unsolicited Communications:

• You may not transmit or procure the transmission of any unsolicited promotional material, such as junk mail, chain letters, or spam, without the prior written consent of Ahvina, LLC.

17. Unauthorized Reproduction or Distribution:

• You must not copy, duplicate, download, store, publish, distribute, transfer, or otherwise use any part of the Services or any third-party content available through the Services for purposes beyond the scope of your authorized use.

18. Exceeding Authorized Scope of Use:

• Any use of the Services that exceeds the scope of access or permissions granted under these Terms of Service is strictly prohibited.

19. Encouraging Prohibited Conduct:

• You are prohibited from encouraging or enabling any other individual to engage in any of the above-restricted activities.

‍

User-Generated Content and Ahvina, LLC's Rights to Utilize It

Except as specified in our Privacy Policy or as required by applicable federal and state privacy laws and regulations, you expressly acknowledge and agree that any information or content you submit, provide, or transmit through the Services— including but not limited to data, comments, feedback, suggestions, forum posts, and communications via email or direct submission ("User Content")—shall be considered non-confidential and non-proprietary. Upon submission, such User Content immediately and irrevocably becomes the sole and exclusive property of Ahvina, LLC, and/or (i) affiliated physician practices, or (ii) individual healthcare providers utilizing the Services. You hereby waive any claim of ownership or compensation related to the User Content, and Ahvina, LLC reserves the right to use, reproduce, modify, or distribute it without restriction or obligation to you.

‍

License to Use User Content:
By submitting User Content, you hereby grant Ahvina, LLC, its service providers, successors and assigns, affiliated healthcare providers, and their affiliated physician practices, a perpetual, irrevocable, fully transferable, sublicensable, and royalty-free right and license to use, reproduce, modify, analyze, perform, display, distribute, and disclose such User Content for any lawful purpose. These purposes may include, but are not limited to:

1. Providing and improving the Services offered to you;
2. Marketing and promoting the Services;
3. Conducting research and analyzing the data for commercial, operational, or other purposes;
4. Developing, implementing, and enhancing new or existing features, products, or services offered by Ahvina, LLC;
5. Sharing such content with third parties, in compliance with applicable laws, as needed to provide the Services or pursue the above objectives.

Except as restricted by applicable privacy laws and the Privacy Policy, Ahvina, LLC is free to use your User Content without any obligation to compensate you.

‍

Public Forums:
You understand that any User Content you publish or post in publicly accessible areas of the Services, such as forums or discussion boards, may be visible and accessible to other users or the public. Ahvina, LLC does not assume responsibility or liability for any User Content posted in public forums, nor for any claims, damages, or losses resulting from the use of such forums or the User Content contained within them.

‍

Access, Monitoring, and Disclosure of Information:
You acknowledge and agree that Ahvina, LLC may access, monitor, preserve, or disclose your User Content and related information if required to do so by law, or if Ahvina, LLC reasonably believes such access, preservation, or disclosure is necessary for the following reasons:

1. To comply with legal obligations or respond to legal processes.
2. To enforce these Terms of Service, the Privacy Policy, or any other agreements between you and Ahvina, LLC, including investigating potential violations.
3. To respond to claims or allegations that any User Content infringes upon the rights of third parties.
4. To respond to your requests for customer service.
5. To protect the rights, property, or personal safety of Ahvina, LLC, its agents, affiliates, users, or the public. This may include exchanging information with other companies and organizations for purposes of fraud protection, spam/malware prevention, and similar security concerns.

By submitting User Content, you agree to these terms and acknowledge that Ahvina, LLC may retain, use, or disclose your content as required or permitted by law.

‍

Copyright Notice

All materials, content, and intellectual property available on or through the Services, including but not limited to text, images, graphics, logos, icons, audio, video, software, and the overall design, structure, and arrangement of the Services ("Content"), are the exclusive property of Ahvina, LLC or its licensors and are protected by international copyright laws, trademark laws, trade secret laws, and other intellectual property or proprietary rights laws.

You are strictly prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, or creating derivative works from any part of the Content, in whole or in part, without the express prior written consent of Ahvina, LLC. Unauthorized use, reproduction, or distribution of the Content for any commercial or public purpose is strictly forbidden and may result in severe civil and criminal penalties, including, but not limited to, damages, legal fees, and injunctive relief.

Ahvina, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking monetary damages, legal remedies, and criminal prosecution where applicable.

For permission requests or inquiries regarding the use of any Content, contact Ahvina, LLC at:
Email: Legal@ahvina.com

Disclaimer of Warranties

To the fullest extent allowed by applicable law, Ahvina, LLC provides the Services, including all content, materials, information, features, products, and services made available through the Services ("Service Content"), on an "as is" and "as available" basis. While Ahvina, LLC, along with its affiliates and service providers, strives to offer a reliable and high-quality experience, we cannot guarantee that the Services will meet all expectations or requirements. Accordingly, Ahvina, LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, contractors, and service providers disclaim all warranties of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or any warranties that may arise from course of dealing or usage of trade.  Without limiting the generality of the foregoing, Ahvina, LLC makes no representations or warranties of any kind regarding:

1. Suitability for Your Needs: That the Services or any content provided through the Services will meet your specific needs, expectations, or requirements.
2. Uninterrupted or Error-Free Service: That the Services will be uninterrupted, timely, secure, reliable, accurate, complete, error-free, or free from defects, viruses, malware, or other harmful components.
3. Correction of Errors: That any errors, bugs, omissions, inaccuracies, or defects in the Services or the Service Content will be corrected or remedied.
4. Results and Outcomes: That any use of the Services will produce specific results, outcomes, or business advantages. All results are contingent upon various factors outside of Ahvina, LLC’s control, and Ahvina, LLC disclaims responsibility for any outcomes resulting from your use of the Services.
5. Accuracy of Information: That any content, information, advice, or other materials available on or through the Services will be accurate, reliable, complete, timely, or suitable for any particular purpose, including but not limited to medical or professional advice.
6. Third-Party Services or Links: That any third-party services, content, or websites accessible via links within the Services are free from defects, malware, or other harmful elements. Ahvina, LLC does not warrant, endorse, or assume responsibility for any third-party services or products and disclaims all liability for your use of third-party content.
7. Data Security: That any data, personal information, or communication transmitted via the Services will remain secure and protected from unauthorized access or disclosure, despite efforts to maintain reasonable security measures.
8. Ahvina, LLC shall not be held responsible for any failure to perform its obligations under these Terms of Service if such failure results from circumstances beyond its reasonable control, including but not limited to, acts of God, war, strikes, pandemics, cyber-attacks, or other unforeseen events.

‍

You expressly acknowledge and agree that:

• Use at Your Own Risk: Your access to and use of the Services, including reliance on any content or information provided by Ahvina, LLC, is done entirely at your own risk. You assume full responsibility for any risks or damages arising from your use of the Services, including any harm to your computer system, data, or devices, or loss of data resulting from downloading, accessing, or using the Services.
• No Medical or Professional Advice: The Services and any information made available through them are not intended to provide professional, financial, legal, or medical advice. You should consult with appropriate professionals, including licensed healthcare providers, for any decisions regarding medical or professional matters. Ahvina, LLC is not responsible for your reliance on any content provided through the Services, which may be inaccurate or incomplete.
• User-Generated Content: Ahvina, LLC does not endorse, warrant, or assume any responsibility for any user-generated content or communications available through the Services. Any such content is the responsibility of the individuals providing it, and Ahvina, LLC is not liable for any claims, damages, or losses arising from such content.

‍

No Warranties of Any Kind: Ahvina, LLC makes no guarantees or representations regarding the availability, quality, reliability, or effectiveness of the Services or any products or services provided by third parties through the Services. You agree that your use of the Services is entirely voluntary and that you assume all risk and liability associated with such use.

‍

Limitation of Warranties in Certain Jurisdictions: Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so certain exclusions or limitations in this Disclaimer of Warranties may not apply to you. However, in such jurisdictions, the exclusions and limitations will apply to the maximum extent permitted by law.

General Disclaimer: No advice, information, or statement made by Ahvina, LLC, its employees, contractors, or representatives, whether written, oral, or via the Services, shall create any warranty not expressly stated in this Disclaimer. You are solely responsible for verifying the accuracy, completeness, and suitability of all content and information obtained through the Services before relying on it.

‍

Limitation of Liabilities

To the fullest extent permitted by applicable law, Ahvina, LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, contractors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever, including but not limited to:

1. Loss of profits, revenue, data, or business opportunities;
2. Business interruption, goodwill, or reputation damage;
3. Personal injury or property damage;
4. Errors, inaccuracies, or omissions in the Services;
5. Unauthorized access to or use of your accounts, personal information, or data;
6. Viruses, malware, or other harmful components that may be transmitted through the Services;
7. Any decisions or actions taken in reliance on the information or services provided through the Services;
8. Any third-party products or services used or accessed through the Services.

Ahvina, LLC shall not be liable for any damages arising out of or in connection with your use or inability to use the Services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if Ahvina, LLC has been advised of the possibility of such damages.

‍

Maximum Liability:
In no event shall Ahvina, LLC’s total aggregate liability to you for any claims, losses, or damages arising out of or related to these Terms of Service, the Services, or your use of the Services exceed the amount you paid, if any, to Ahvina, LLC for access to or use of the Services in the six (6) months preceding the event giving rise to such liability. If you have not made any payments to Ahvina, LLC, your sole remedy shall be to discontinue your use of the Services.

‍

Exclusions and Limitations:
Some jurisdictions do not allow the exclusion or limitation of certain liabilities, including the exclusion of incidental or consequential damages. In such jurisdictions, the limitations and exclusions of liability set forth in these Terms of Service shall apply to the fullest extent permitted by applicable law.

‍

No Liability for Third Parties:
Ahvina, LLC shall not be liable for any acts, errors, omissions, or damages caused by third parties, including but not limited to affiliated healthcare providers, pharmacy services, contractors, service providers, or any third-party content accessible through the Services. Any claims or disputes you have with third parties arising from your use of the Services must be pursued directly with the third party.

‍

Acknowledgment of Risk:
By using the Services, you acknowledge and agree that your use is entirely at your own risk and that you are solely responsible for any damage to your property (including your computer system, mobile devices, or data) or any other loss or harm resulting from such use.

‍

Indemnification

You agree to defend, indemnify, and hold harmless Ahvina, LLC, its affiliates, and their respective officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs of defense) arising out of or relating to:

1. Your violation of these Terms of Service or any applicable law or regulation;
2. Your use or misuse of the Services, including any content or information obtained through the Services;
3. Your breach of any representation, warranty, or covenant made by you in connection with these Terms of Service;
4. Any allegation that any content or information you submit, transmit, or provide through the Services infringes upon or violates the rights of any third party, including but not limited to intellectual property rights, privacy rights, or proprietary rights;
5. Your violation of the rights of any third party, including but not limited to other users, healthcare providers, or any third party interacting with the Services on your behalf.

Survival:
Your indemnification obligations under this section will survive the termination or expiration of these Terms of Service and your use of the Services.

‍

Third-Party Integrations and Links in the Services

The Services offered by Ahvina, LLC may include links, plug-ins, products, or features that are operated by third parties ("Third-Party Services"). These Third-Party Services are completely independent of Ahvina, LLC, and we do not have control over their content, products, or services. As a result, Ahvina, LLC is not responsible or liable for any information, content, products, or services provided by these Third-Party Services. The inclusion of such links or features is provided solely for your convenience and does not imply an endorsement, partnership, or recommendation from Ahvina, LLC. Any use of Third-Party Services is done at your own risk, and Ahvina, LLC will not be held accountable for any issues, errors, losses, or damages that may arise from your use of or reliance on such Third-Party Services.

If you accessed the Services through a third-party platform, you acknowledge that only these Terms of Service govern your use of Ahvina, LLC's Services, and we are not liable for any content or services found on those third-party platforms.

Furthermore, no agency or relationship is created between Ahvina, LLC and any user or third party by your use of the Services. Ahvina, LLC will not mediate or involve itself in any disputes between users or between users and third parties. If a dispute arises between you and another user or third party in relation to the Services, you agree to release Ahvina, LLC, its officers, employees, agents, and successors from any claims, demands, or damages—whether known or unknown, suspected or not—that may result from such disputes.

‍

Updates to the Terms of Use and Service Offerings

Ahvina, LLC reserves the right to modify, amend, update, or discontinue any part of these Terms of Service or the Services at any time, at its sole discretion, without prior notice. Such changes may include, but are not limited to, updates to features, content, pricing, or policies associated with the Services. Any changes to these Terms of Service will be effective immediately upon posting to the Services, and your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes.

It is your responsibility to regularly review these Terms of Service for any updates or changes. If you do not agree with the revised Terms or any changes to the Services, you must discontinue your use of the Services immediately.

Ahvina, LLC may also, from time to time, introduce new services, features, or functionalities, which may be subject to additional terms and conditions. By using such new services or features, you agree to be bound by any additional terms applicable to those services or features.

Your continued access to or use of the Services following the posting of any changes constitutes your acceptance of those modifications. If any provision of the revised Terms of Service is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

Ahvina, LLC reserves the right to modify the pricing for any Services at its sole discretion. Users will be notified of any price changes in advance, and continued use of the Services constitutes acceptance of the new pricing

‍

Mandatory Arbitration 

Mandatory Arbitration. Except as specifically provided in Section 8(b) below or for any claims seeking injunctive relief (including specific performance), any dispute, claim, or controversy (whether based on contract, tort, statute, or otherwise) arising out of or relating to these Terms of Service, any agreement, or any transaction contemplated herein, including but not limited to disputes concerning the negotiation, execution, performance, or breach of this Agreement (collectively, a "Dispute"), shall be resolved by final, binding arbitration in accordance with the provisions outlined below.

Exclusions. Claims for injunctive relief or specific performance, or any claims otherwise excluded by applicable law, are not subject to mandatory arbitration and may be brought directly in a court of competent jurisdiction.

‍

Initiation of Arbitration.

• In the event of a Dispute, the party initiating arbitration must provide written notice to the other party, describing the nature of the Dispute ("Dispute Notice").
• Within thirty (30) days of receiving the Dispute Notice, the parties shall meet and confer in good faith to attempt to resolve the Dispute ("Meet and Confer Period"). All communications, discussions, and correspondence during this period shall be considered confidential settlement communications, and cannot be used in any court or arbitration proceeding, consistent with Federal Rule of Evidence 408 and similar state rules.
• Compliance with the Meet and Confer Period is a condition precedent to initiating arbitration.

‍

Selection of Arbitrators.

• The arbitration shall be conducted before one (1) arbitrator mutually selected by the parties.
• If the parties cannot agree on a single arbitrator within ten (10) business days, each party shall appoint one (1) arbitrator, and the two (2) arbitrators shall select a third arbitrator within ten (10) business days of their appointment.
• If the two appointed arbitrators are unable to agree on a third arbitrator within the specified time, the third arbitrator shall be appointed by the American Arbitration Association's (AAA) commercial panel.
• The decision of the majority of the arbitrators (at least two of the three) shall be final and binding upon the parties.

‍

Arbitration Rules and Procedures.

• The arbitration shall be administered by the AAA in accordance with its Commercial Arbitration Rules, as modified herein.
• Each party shall have the right to conduct discovery in accordance with the Federal Rules of Civil Procedure, as interpreted by the federal courts in the District of Utah.
• The arbitrator(s) shall not have the authority to modify the terms of this Agreement or grant relief not contemplated by this Agreement.

‍

Finality and Enforcement. The arbitration award shall be final and binding on the parties, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator(s) shall have the authority to award legal fees and associated costs to the substantially prevailing party.

‍

Costs and Fees. Each party shall bear its own costs and legal fees incurred in the arbitration, except as provided above, or as the arbitrator(s) may otherwise determine.

‍

Class Action Waiver. The parties agree that any arbitration shall be conducted solely on an individual basis, and not as a class action, representative action, or collective arbitration. You expressly waive your right to participate in any class action lawsuit or class-wide arbitration against Ahvina, LLC.

‍

Survival. This arbitration agreement shall survive the termination of these Terms of Service and your use of the Services.

This Agreement and any dispute arising from it will be governed by and construed in accordance with the laws of the state of Utah, without regard to its conflict of law provisions.

‍

Miscellaneous Terms

Entire Agreement

These Terms of Service constitute the entire agreement between you and Ahvina, LLC concerning your use of the Services. This agreement supersedes all prior or contemporaneous communications, agreements, and understandings, whether oral or written, regarding the subject matter, except for any separate agreements you may have entered into with Ahvina, LLC.

‍

No Agency Relationship

These Terms of Service, along with the content, features, and materials provided through the Services, do not create any partnership, joint venture, employment, or agency relationship between you and Ahvina, LLC. You are not authorized to act on behalf of or bind Ahvina, LLC in any manner, nor may you enter into agreements or contracts on behalf of Ahvina, LLC.

‍

Assignment

You are prohibited from assigning or transferring any of your rights or obligations under these Terms of Service without the prior written consent of Ahvina, LLC. Any such attempted assignment will be void. However, Ahvina, LLC may transfer or assign its rights and obligations under these Terms of Service without further notice or consent, including in connection with a merger, acquisition, or sale of assets.

‍

No Waiver

Failure by Ahvina, LLC to enforce any provision or right within these Terms of Service does not constitute a waiver of that right or provision. Any waiver of a specific term or condition shall not be construed as a waiver of any other term or condition, nor shall it serve as a continuing waiver unless explicitly stated.

‍

Remedies

You agree that a breach or threatened breach of these Terms of Service by you constitutes an unlawful business practice that may cause Ahvina, LLC irreparable harm. In such cases, monetary damages alone may be insufficient. Therefore, Ahvina, LLC is entitled to seek injunctive relief or other equitable remedies in addition to any other legal remedies available.

‍

Headings

The headings in these Terms of Service are provided for convenience only and do not affect the interpretation or meaning of any provision.

‍

Termination

(a) Termination by Ahvina, LLC.
Ahvina, LLC reserves the right, at its sole discretion, to suspend, limit, or terminate your access to the Services, your account, or any portion of the Services, at any time, without notice or liability, for any reason, including but not limited to:

• A violation of these Terms of Service or any applicable laws or regulations;
• Fraudulent, harmful, or inappropriate activity;
• Failure to pay any fees owed in connection with the Services; or
• Discontinuation or material modification of the Services.

In the event of termination, your right to use the Services will immediately cease, and you must promptly destroy any downloaded or printed materials obtained from the Services. Ahvina, LLC shall not be liable to you or any third party for termination of your access to the Services.

(b) Termination by You.
You may terminate your account or cease using the Services at any time by providing written notice to Ahvina, LLC or by discontinuing your use of the Services. However, termination of your account does not relieve you of any outstanding obligations, including payment of any fees or charges incurred prior to termination.

(c) Effect of Termination.
Upon termination of your access to the Services, for any reason:

• All rights granted to you under these Terms of Service will cease;
• You must immediately discontinue all use of the Services;
• Any accrued rights, obligations, or liabilities (including payment obligations) will survive termination;
• Sections of these Terms of Service that by their nature should survive termination, including but not limited to provisions regarding intellectual property, indemnification, limitation of liability, and dispute resolution, shall survive termination.

(d) Modification or Discontinuation of Services.
Ahvina, LLC reserves the right to modify, suspend, or discontinue any part of the Services, temporarily or permanently, at any time without notice. In the event that Ahvina, LLC discontinues any Services, you acknowledge and agree that Ahvina, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

‍

Ahvina, LLC Return and Refund Policy

At Ahvina, LLC, we strive to ensure that our customers are satisfied with the services and products we provide. Please review our return and refund policies outlined below.

Eligibility for Refunds:

1. Service-Based Refunds: Refunds for services rendered through Ahvina, LLC (including telehealth consultations, assessments, or other services) are generally not available once the service has been provided. If you believe there has been an error in the provision of services or a billing issue, please contact us within 7 days of the service date for a review of your request.
2. Product Refunds: If you receive products, such as prescribed medications or medical equipment through Ahvina, LLC’s Pharmacy Network, these items are non-refundable and cannot be returned once shipped. For any issues with the product (e.g., incorrect item, damage during shipping), please contact us to resolve the issue.

‍

How to Request a Refund:

For any refund requests or inquiries regarding refunds, please contact our support team:

• Email: support@ahvina.com
• Phone: 833-340-1131

Please provide your name, the service or product in question, the date of purchase, and a detailed description of the issue. Refund requests will be reviewed, and eligible refunds will be processed within 10 business days of approval.

‍

Refund Processing:

• If a refund is approved, the refund will be issued to the original method of payment. Please allow additional time for your bank or credit card provider to process the refund.
• In cases where refunds cannot be processed back to the original payment method, Ahvina, LLC may issue a credit for future services at its discretion.

‍

Questions or Concerns:

If you have any questions regarding our return and refund policy, feel free to reach out to us through the contact methods listed above. Our team is happy to assist you.