Terms and Conditions

GEVITIX LAB is intended for specific, non-emergency medical conditions and concerns. If you believe you are experiencing a medical emergency, call 911 or your local emergency services immediately.

This User Agreement (together with our Privacy Policy) governs your use of all websites to which it is linked (the "Sites") and the services, features, content and applications offered through them (together, the "Services") by GEVITIX LAB. The terms "we," "us," "our" and "GEVITIX LAB" refer to [CONFIRM legal entity name, entity type and registered address per MSA].

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION (SECTION 21), INCLUDING A CLASS ACTION AND JURY TRIAL WAIVER. DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS YOU EXPRESSLY AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS ACTION WAIVER.

1. Introduction

These Terms describe your rights and responsibilities when using the GEVITIX LAB website and platform (the "Platform"). "You" and "yours" refer to the person using the Platform. By accessing or using the Platform you confirm that you have read, understood and agree to be legally bound by these Terms and our Privacy Policy. Even if you arrived here through a third-party site, these Terms are entered into between you and GEVITIX LAB, and the Platform and all services other than the Healthcare Services described below are provided by GEVITIX LAB.

By using the Platform you consent to doing business with us electronically — including receiving disclosures, notices and communications at the mobile number and email address you provide — and you agree that such electronic processes carry the same force as your written signature. If you do not agree with these Terms or our Privacy Policy, do not use the Platform.

2. Changes to These Terms

We may amend these Terms, in whole or in part, at any time and at our sole discretion. The "Last updated" date above reflects the most recent revision. Continued use of the Platform after amended Terms are posted constitutes acceptance of the amended Terms; if any change is unacceptable to you, your sole remedy is to stop using the Platform.

3. What GEVITIX LAB Does

The Platform facilitates: (a) collection and retention of your health information for use in clinical encounters; (b) administrative support for scheduling and payment; (c) administrative support coordinating fulfillment and payment for medications prescribed by independent providers; and (d) the technology connecting you with independent licensed providers for consultations, assessments and treatment (the "Healthcare Services").

The Platform gathers information from you — health history, medications, measurements and identifying details ("Your Information") — so an independent licensed provider can determine, in their sole professional judgment, whether a prescription or diagnostic test is appropriate for you, or whether to direct you to alternative care. You consent to our sharing Your Information with affiliated professional entities, including OpenLoop Health and its network of US-licensed clinicians, and with pharmacies, laboratories and diagnostic partners as needed to coordinate your care.

All clinicians delivering Healthcare Services through the Platform are independent professionals contracted with or employed by independent professional entities (including OpenLoop Health) and are solely responsible for the care they provide. GEVITIX LAB does not practice medicine, is not licensed to practice medicine, and does not control or interfere with any clinical judgment. GEVITIX LAB is likewise not a pharmacy; by accepting these Terms you understand you may enter into a relationship with one or more third-party pharmacies.

4. Eligibility

To use the Services you must: (1) be at least 18 years of age (certain treatment programs carry stricter criteria — for example, sexual health programs require ages 21+); (2) reside in the United States in a state where the Services are available; (3) agree to these Terms; and (4) have compatible devices and internet access. Meeting these requirements does not guarantee you will receive Services. We and the independent professional entities may add or change eligibility criteria at any time, and providers may determine on a case-by-case basis that the Services are not appropriate for a particular user. Questions: fc@gevitixlab.com.

5. Availability

The Services are currently available to individuals located in certain US states. For the current list, contact fc@gevitixlab.com.

6. Registration, Accounts and User Data

Parts of the Platform require registration. You are responsible for keeping your credentials confidential, for all activity under your account, and for promptly notifying us of any unauthorized use. Information you submit through the Platform ("User Data") may be used, reproduced, analyzed and disclosed by GEVITIX LAB to its service providers, successors and assigns, and to independent providers and professional entities, for the purposes of providing the Services, conducting research and analysis, and developing or improving current and future features, products and services. You grant us a transferable, sublicensable license for those purposes. The Platform may be unavailable at any time, for any period, and we are not liable for any such unavailability.

7. Your Responsibilities

1. All of Your Information must be accurate, complete and kept up to date.
2. Your account is personal to you; do not share credentials or create multiple accounts, and do not use anyone else's account.
3. Notify us immediately of any security breach at fc@gevitixlab.com.
4. You may be asked for additional information to deliver Healthcare Services or fill a prescription; withholding it may prevent use of the Services.
5. Healthcare Services depend on the completeness and accuracy of Your Information. We cannot verify everything you submit and are not responsible for consequences of inaccurate or incomplete information. We may suspend or terminate accounts where information is inaccurate or we reasonably suspect it is.

8. Restrictions on Use

You will not (and will not enable others to): use the Platform on behalf of anyone but yourself; infringe any third-party right or violate any law; use the Platform on a jailbroken or modified device; sell, sublicense or commercially exploit the Platform; use the Platform to build competing products; damage, overburden or disrupt the Platform; attempt unauthorized access or circumvent security; introduce malicious code; remove proprietary notices; scrape, copy or aggregate Platform content by manual or automated means; or encourage anyone else to do any of the above.

9. License

Subject to your compliance with these Terms, GEVITIX LAB grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes. No other right, title or interest is transferred to you; all rights not expressly granted are reserved by GEVITIX LAB and its licensors.

10. Not Comprehensive Medical Advice

The Platform supports specific healthcare services and is not, and must not be treated as, comprehensive medical advice, diagnosis or treatment. Always seek the advice of your physician or another qualified provider with questions about your health, medical conditions or medications, and before starting or stopping any treatment.

11. Telehealth Consent

Telehealth connects patients and licensed professionals in different locations using electronic communications. It carries benefits and, like any medical service, potential risks and limitations. Before receiving Healthcare Services you will be required to agree to a Telehealth Informed Consent describing those methods, risks and limitations. You agree that GEVITIX LAB is a beneficiary of that consent with the right to enforce it.

12. Payment

When you submit Your Information for Healthcare Services you agree to pay all fees due, and you authorize us, our affiliates or our third-party payment processors to charge your payment method. Consultation fees are not refundable once a consultation has occurred, and prescription products cannot be returned for reuse or resale. Refunds are otherwise available as described in our Refund Policy: you may cancel at any time, and refunds are available for any reason except for a month in which medication has already been ordered.

The final charge may vary depending on the medication prescribed and the pharmacy fulfilling the order; if a variance arises, our support team will contact you. Payment information is collected solely to process payment and is safeguarded by our payment processor [CONFIRM processor; if Stripe, link https://stripe.com/privacy]. The independent professional entities are out-of-network with all insurance plans, including Medicare and Medicaid; you are solely responsible for all fees, and medications or laboratory services ordered through the Platform may not be covered by insurance. We accept Visa, Mastercard, FSA/HSA, Apple Pay and Google Pay. No Healthcare Services are owed unless and until full payment is received.

13. Privacy

We understand the importance of confidentiality. See our Privacy Policy for how we collect, use and disclose Your Information in connection with the Platform.

14. Intellectual Property

As between you and GEVITIX LAB, we are the sole owner of all right, title and interest in the Platform and its content, features and functionality, and all intellectual property therein, including any feedback you provide. Names, logos and marks displayed on the Platform are trademarks of GEVITIX LAB or their respective owners and may not be used without express written permission.

15. Third-Party Links

The Platform may link to third-party websites we do not control. We are not responsible for their content, products or services, and links do not imply endorsement. Your use of linked sites is at your own risk, and only these Terms govern your use of our Platform.

16. Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GEVITIX LAB AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY AND FREEDOM FROM VIRUSES, AND DO NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. CONTENT OBTAINED THROUGH THE PLATFORM IS USED AT YOUR SOLE RISK.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER GEVITIX LAB NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE UNDER ANY THEORY FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, DEVICE DAMAGE, SUBSTITUTE SERVICES, OR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH — ARISING FROM OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend and hold harmless GEVITIX LAB and its related persons, licensors and suppliers from all third-party claims, liabilities, costs and expenses (including attorneys' fees) arising from your breach of these Terms, unauthorized use of the Platform, or violation of any applicable law.

19. Changes to the Platform

We may modify or discontinue the Platform, in whole or in part, temporarily or permanently, at any time, with or without notice, and will not be liable to you or any third party for doing so.

20. Suspension and Termination

These Terms remain in effect while you use the Platform. You may terminate at any time by discontinuing use. Your permission to use the Platform terminates automatically if you violate these Terms, and we may suspend or terminate your access at any time, for any reason, with or without notice. Sections on warranties, liability, indemnification, dispute resolution and miscellaneous matters survive termination. After termination we have no further obligation to provide Services except access to your health records and any continuing-care obligations required by law or professional ethics.

21. Governing Law; Dispute Resolution; Arbitration

IF A DISPUTE ARISES, YOU AND GEVITIX LAB AGREE TO TRY TO RESOLVE IT INFORMALLY FIRST. IF IT IS NOT RESOLVED WITHIN 60 DAYS, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO RESOLVE THE CLAIM BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT. YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING THIS CLAUSE, AS DESCRIBED BELOW.

Covered disputes. Any dispute or claim between you and GEVITIX LAB arising out of or relating to these Terms, User Data, the Platform or the Services will be resolved by binding arbitration, including claims arising before these Terms took effect or after termination. Exceptions: individual small-claims-court actions, and claims concerning intellectual property rights.

Informal resolution first. Before initiating arbitration you agree to send an individualized pre-arbitration demand to fc@gevitixlab.com. If the dispute is not resolved within 60 calendar days, arbitration may be brought.

Opt-out. You may reject this arbitration clause by emailing fc@gevitixlab.com within 30 calendar days of first accepting these Terms, from the email associated with your account, including your full name, address and a clear statement declining arbitration.

Procedure. The Federal Arbitration Act governs this clause. Arbitration will be administered by [CONFIRM arbitration provider, e.g. National Arbitration and Mediation (NAM) or AAA] under its applicable rules, before a single arbitrator, with remote hearings available at either party's election. Demands for arbitration to GEVITIX LAB must be sent to [CONFIRM registered address] and fc@gevitixlab.com. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs to the individual party only, and has exclusive authority over threshold arbitrability questions; a court has exclusive authority over the enforceability of the Class Action Waiver.

Class action waiver. You and GEVITIX LAB agree to bring claims only on an individual basis and waive all rights to participate in any class, collective, representative or mass action, except that 25 or more substantially similar arbitration demands filed within 180 days will be administered in sequential batches of up to 25 demands, each before a single arbitrator, with fees due only when a demand is included in a properly designated batch and statutes of limitation tolled while demands are held in abeyance. If any portion of this clause is found unenforceable, it will be severed and the remainder will continue to apply.

22. Copyright Infringement (DMCA)

We respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act. Notifications must be sent to fc@gevitixlab.com and include: the signature of the rights holder or authorized agent; identification of the work claimed to be infringed; identification and location of the allegedly infringing material; your contact information; a good-faith statement that the use is unauthorized; and a statement under penalty of perjury that the notice is accurate and you are authorized to act. We may remove any content from the Platform at any time, for any reason.

23. Miscellaneous

These Terms are the entire agreement between you and us on this subject. If any provision is held invalid, the remainder stays in full force, and the court should give effect to the parties' intent. Headings are for reference only. Our failure to act on a breach does not waive our right to act on later breaches. You may not assign these Terms without our prior written consent; any attempted assignment in violation is void.

24. Contact

Questions or concerns: fc@gevitixlab.com.