Pure Nova Health – Terms of Use

Last Updated: September 20, 2025

Preliminary Notice

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PURE NOVA HEALTH (“PNH,” “WE,” “OUR,” OR “US”). BY ACCESSING OR USING OUR WEBSITE, MOBILE APPLICATIONS, OR RELATED SERVICES (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICES.

PNH IS NOT A MEDICAL GROUP OR PHARMACY. THE SERVICES ARE A TECHNOLOGY PLATFORM THAT CONNECTS YOU WITH LICENSED, INDEPENDENT CLINICIANS AND COORDINATES PHARMACY FULFILLMENT. ALL MEDICAL DECISIONS ARE MADE EXCLUSIVELY BY THE INDEPENDENT CLINICIANS WHO PROVIDE CARE.

THE SERVICES ARE NOT FOR EMERGENCIES OR URGENT SITUATIONS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY DEPARTMENT. DO NOT DELAY SEEKING IN-PERSON CARE BECAUSE OF INFORMATION YOU OBTAIN THROUGH THE SERVICES.

We may revise these Terms from time to time. Updates will be posted with a new “Last Updated” date at the top of this page. Your continued use of the Services after such updates constitutes acceptance of the revised Terms.

Our Privacy Policy explains how we collect, use, and share your information, and is incorporated into these Terms by reference. Please review it carefully before using the Services.

1. Services Overview, Availability, and Eligibility

1.1 What Pure Nova Health Provides

Pure Nova Health operates a digital platform that:

• Facilitates access to licensed, independent clinicians for telehealth consultations and related clinical services;
  
  
• Coordinates with partner and third-party pharmacies for prescription dispensing and shipment;
  
  
• Provides digital tools (intake forms, secure messaging, scheduling, reminders, refills, health education content); and
  
  
• Supports administrative services, including billing, subscription management, and customer support.
  
  

PNH IS NOT A MEDICAL GROUP, HOSPITAL, OR PHARMACY. PNH DOES NOT PRACTICE MEDICINE, DISPENSE MEDICATIONS, OR PROVIDE PROFESSIONAL HEALTHCARE SERVICES. ALL CLINICAL DECISIONS ARE MADE EXCLUSIVELY BY THE INDEPENDENT LICENSED CLINICIANS WHO PROVIDE CARE.

1.2 No Emergency or Urgent Care

THE SERVICES ARE NOT INTENDED FOR EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR A MENTAL HEALTH CRISIS, CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM. NEVER DELAY SEEKING IN-PERSON CARE BASED ON INFORMATION OBTAINED THROUGH THE SERVICES.

1.3 Geographic Scope

Our Services are available only to patients located within U.S. states where PNH and affiliated clinicians are authorized to operate. Certain products, medications, or services may not be available in every state due to variations in state law or clinical practice standards. By using the Services, you acknowledge that availability is subject to these limitations and that PNH makes no guarantee of uniform offerings across jurisdictions.

You must physically be in a participating state at the time of your telehealth visit. If you are outside these states, you may access certain general, non-clinical features of the Services but may not be able to receive telehealth care or prescriptions.

1.4 Age and Capacity Requirements

You must be at least 18 years old to use the Services. Some offerings may require you to be 21 or older, depending on state law or product restrictions. By using the Services, you represent and warrant that:

• You meet the applicable minimum age requirement;
  
  
• You have the legal capacity to enter into these Terms;
  
  
• You are physically located in a U.S. state where PNH and affiliated clinicians are authorized to deliver Services; and
  
  
• All information you provide is accurate, truthful, and complete.
  
  

PNH and its affiliated clinicians reserve the right to decline or terminate Services if you do not meet these requirements.

1.5 No Guarantee of Clinical Approval

Meeting eligibility criteria and completing intake forms does not guarantee that you will be prescribed medication or accepted into treatment. All clinical decisions, including whether treatment is appropriate, are made solely by the independent clinician based on their professional judgment, applicable laws, and current medical standards.

1.6 Insurance Exclusion

PNH and affiliated clinicians generally do not accept commercial insurance, Medicare, Medicaid, or any other government or third-party payor programs. All Services are provided on a self-pay basis. By using the Services, you agree to be financially responsible for all charges incurred. You may not submit claims to government health programs for reimbursement of any Services obtained through PNH.

You agree not to submit, or attempt to cause others to submit, claims for reimbursement to Medicare, Medicaid, or any other government or commercial payor program for Services or medications obtained through PNH. Any such attempt may constitute fraud and may be reported to appropriate authorities.

‍

2. How the Platform Works & Telehealth Consent

2.1 Technology Platform

PNH provides access to an online platform that allows patients to:

• Create an account and complete digital intake forms;
  
  
• Communicate securely with independent clinicians through messaging, video, or phone;
  
  
• Receive medical evaluations, diagnoses, and (when appropriate) prescriptions; and
  
  
• Arrange shipment of prescribed medications through third-party partner pharmacies.
  
  

PNH PROVIDES ONLY TECHNOLOGY AND ADMINISTRATIVE SUPPORT. PNH DOES NOT CONTROL OR INTERFERE WITH THE MEDICAL JUDGMENT OF INDEPENDENT CLINICIANS OR THE DISPENSING DECISIONS OF PHARMACIES.

2.2 Telehealth Informed Consent

By using the Services, you acknowledge and agree that:

• Nature of Telehealth: Telehealth involves electronic communication of your personal health information to clinicians who may be in a different physical location than you.
  
  
• Risks: Telehealth has inherent risks, including incomplete transmission of health information, potential technical failures, or limited ability of the clinician to examine you in person.
  
  
• Alternatives: You may always choose in-person care instead of telehealth.
  
  
• Consent: By using the Services, you give informed consent to receive healthcare via telehealth technologies.
  
  
• Withdrawal: You may withdraw consent at any time by discontinuing your use of the Services.
  
  

2.3 Clinical Relationship

All clinical services are provided by licensed, independent clinicians. You understand that:

• Clinicians may request additional information, lab testing, or referrals to determine if treatment is appropriate.
  
  
• Clinicians may decide that no prescription or treatment is medically necessary.
  
  
• Prescriptions are issued only if deemed safe and appropriate, in compliance with applicable state and federal laws.
  
  

PNH DOES NOT GUARANTEE THAT A PRESCRIPTION, TREATMENT, OR REFILL WILL BE PROVIDED. DECISIONS ARE MADE EXCLUSIVELY BY THE INDEPENDENT CLINICIAN.

2.4 Pharmacy Services

Prescriptions, if issued, are transmitted to third-party licensed pharmacies. By using the Services, you authorize:

• PNH to share your health and demographic information with such pharmacies as necessary to fill prescriptions;
  
  
• Pharmacies to contact you directly for dispensing, counseling, or verification purposes;
  
  
• PNH to facilitate coordination between you, the clinician, and the pharmacy.
  
  

You understand that PNH does not own or control these pharmacies, and fulfillment is subject to their professional judgment, stock availability, and state licensing rules.

2.5 Consent to Communication

By using the Services, you consent to receive electronic communications, including:

• Email, text messages, and in-app notifications related to your care, prescriptions, billing, and account activity;
  
  
• Appointment reminders and refill notices.
  
  

Standard carrier rates may apply for text messaging. You may opt out of non-essential communications at any time, though this may impact your ability to fully use the Services.

2.6 Data Security Acknowledgment

While PNH employs industry-standard encryption and security protocols, you acknowledge that:

• No system is completely secure;
  
  
• Electronic transmission of data may carry risks of unauthorized access or disclosure;
  
  
• You are responsible for maintaining the confidentiality of your account credentials.

3. User Responsibilities & Account Obligations

3.1 Accurate Information

You agree to provide truthful, accurate, and complete information when creating your account, completing intake forms, or communicating with clinicians. You must promptly update any changes to your information, including contact details, payment information, and health history.

PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN TERMINATION OF YOUR ACCOUNT AND COULD PUT YOUR HEALTH AT RISK.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree not to share your account or password with any other individual. You must immediately notify us if you suspect unauthorized use of your account.

PNH IS NOT RESPONSIBLE FOR LOSSES ARISING FROM UNAUTHORIZED ACCESS CAUSED BY YOUR FAILURE TO SAFEGUARD YOUR ACCOUNT CREDENTIALS.

3.3 Responsible Use of Services

By using the Services, you agree that you will:

• Use the Services only for personal, non-commercial healthcare purposes;
  
  
• Provide complete and accurate medical history to clinicians;
  
  
• Follow all instructions, treatment plans, and safety warnings provided by clinicians or pharmacists;
  
  
• Use prescribed medications only as directed and never share them with others.
  
  

3.4 Prohibited Conduct

You may not use the Services to:

• Engage in unlawful, fraudulent, or abusive activity;
  
  
• Seek prescriptions for purposes of misuse, abuse, resale, or diversion;
  
  
• Interfere with or disrupt the Services, servers, or networks;
  
  
• Attempt to access data or accounts not intended for you.
  
  

VIOLATION OF THESE RESTRICTIONS MAY RESULT IN IMMEDIATE TERMINATION OF SERVICES AND, IF APPLICABLE, REPORTING TO LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

3.5 Cooperation with Clinicians

You agree to:

• Answer questions from clinicians honestly and completely;
  
  
• Notify your clinician of any side effects, adverse reactions, or changes in your health status;
  
  
• Arrange follow-up care or lab testing when requested.
  
  

Failure to cooperate may result in denial or discontinuation of treatment.

3.6 Technology Requirements

You are responsible for ensuring you have the necessary device, internet connection, and software to access telehealth services. PNH is not liable for interruptions or limitations caused by your technology.

3.7 Payment Responsibility

You are financially responsible for all charges incurred through the Services. If your payment method fails or is declined, you remain liable for outstanding balances and authorize us to attempt collection.

4. Billing, Subscriptions, and Refund Policy

4.1 Self-Pay Basis

PNH and affiliated clinicians do not accept commercial insurance, Medicare, Medicaid, or other third-party payors. All Services are provided on a self-pay basis. By using the Services, you agree to pay all fees directly and acknowledge that you may not seek reimbursement from government or private health programs.

4.2 Subscription Billing

Certain Services, including weight management therapies and ongoing clinical support, are offered on a subscription basis:

• By enrolling, you authorize PNH (or its payment processor) to automatically bill your chosen payment method at the frequency displayed during checkout (e.g., monthly).
  
  
• Subscriptions will auto-renew until canceled by you or terminated by PNH.
  
  
• You are responsible for maintaining accurate payment information in your account.
  
  

4.3 Prepaid Plans

If you purchase a multi-month or prepaid plan:

• All charges are billed at the time of purchase.
  
  
• Prepaid plans are non-refundable once the first order is processed.
  
  
• Medication shipments will continue until the prepaid term is completed, even if you cancel mid-term.
  
  

4.4 Pausing or Canceling

You may pause or cancel your subscription at any time through your patient portal or by contacting customer support:

• If cancellation occurs before your prescription is processed by the pharmacy, you will not be billed for that cycle.
  
  
• If cancellation occurs after a prescription has been processed or shipped, the charge is final and medications are non-returnable.
  
  

PNH does not impose cancellation fees.

4.5 Refunds and Exceptions

• Once medication is dispensed or shipped by the pharmacy, it cannot be returned or refunded.
  
  
• Service fees (e.g., clinician consultations, intake evaluations) are non-refundable once rendered.
  
  
• In rare cases of pharmacy or shipping error, PNH will coordinate correction or replacement, but no cash refunds are guaranteed.
  
  

4.6 Payment Authorization

By providing a payment method, you authorize PNH and its payment processors to:

• Automatically charge all fees and applicable taxes;
  
  
• Retry failed payments until balances are satisfied.
  
  

If a payment remains delinquent, PNH may suspend or terminate your account and may engage collection services.

5. Prescription Services & Pharmacy Fulfillment

5.1 No Guarantee of Prescription

Use of the Services does not guarantee that you will receive a prescription. All prescribing decisions are made solely by independent, licensed clinicians based on their professional judgment, applicable state and federal law, and your individual health needs.

PNH DOES NOT CONTROL WHETHER A PRESCRIPTION IS ISSUED, THE TYPE OF MEDICATION PRESCRIBED, OR THE DOSAGE.

5.2 Prescription Transmission

If a clinician determines that a prescription is appropriate:

• It will be electronically transmitted to a third-party licensed pharmacy;
  
  
• PNH may coordinate administrative details but does not own or operate these pharmacies;
  
  
• The pharmacy may contact you directly for verification, counseling, or state-required steps.
  
  

5.3 Compounded Medications

Some prescriptions may be filled by compounding pharmacies. You acknowledge that:

• Compounded medications are not FDA-approved;
  
  
• They are prepared under state pharmacy regulations and applicable compounding standards;
  
  
• Risks, benefits, and alternatives will be discussed with you by your clinician before prescribing.
  
  

5.4 Medication Availability

Medication availability may vary by pharmacy, location, and supply chain. PNH does not guarantee that any particular medication, strength, or formulation will be in stock. Delays or substitutions are possible and outside PNH’s control.

5.5 Pharmacy Independence

Pharmacies are independent entities responsible for:

• Dispensing medications in compliance with applicable law;
  
  
• Ensuring product quality, labeling, and patient counseling;
  
  
• Verifying prescriptions before dispensing.
  
  

PNH IS NOT LIABLE FOR THE PROFESSIONAL ACTS, ERRORS, OR OMISSIONS OF ANY INDEPENDENT PHARMACY.

5.6 Prescription Transfers

At your request, prescriptions may be transferred to a different licensed pharmacy, subject to applicable laws and clinician approval. Transfer times and availability may vary.

5.7 Patient Responsibilities

By using the Services, you agree to:

• Take medications only as prescribed;
  
  
• Not share, sell, or distribute prescribed medications to others;
  
  
• Store medications safely and securely;
  
  
• Notify your clinician promptly of side effects, adverse reactions, or suspected issues with your medication.
  
  

5.8 Controlled Substances

PNH generally does not facilitate prescriptions for controlled substances. If permitted under law, any such prescriptions will be subject to additional verification, limitations, and recordkeeping requirements.

6. Risks, Side Effects, and Important Safety Information

6.1 General Safety Disclaimer

All medications, including compounded therapies, carry potential risks, side effects, and contraindications. Information provided by PNH is educational only and not a substitute for direct medical advice. Always consult with your prescribing clinician and carefully review the medication guide or safety information provided by the pharmacy.

6.2 Compounded Products

• Compounded medications are not reviewed or approved by the U.S. Food and Drug Administration (FDA) for safety or efficacy.
  
  
• They are prepared by licensed compounding pharmacies under applicable state and federal law.
  
  
• Because compounded drugs may not have undergone large-scale clinical trials, side effects, risks, and effectiveness may differ from FDA-approved products.
  
  

6.3 Categories of Therapies

PNH and its network clinicians may prescribe medications across the following categories. Each category carries distinct risks and safety considerations:

(a) Weight Loss Therapies

Examples: Semaglutide, Tirzepatide, Phentermine/Topiramate, Tesamorelin, investigational agents.

• Common side effects: nausea, vomiting, diarrhea, constipation, abdominal discomfort.
  
  
• Serious risks: pancreatitis, gallbladder disease, hypoglycemia, thyroid C-cell tumors (GLP-1 agonists), cardiovascular events (stimulants).
  
  
• Contraindications: pregnancy, personal/family history of medullary thyroid carcinoma or MEN2 (GLP-1s), uncontrolled hypertension, certain psychiatric conditions.
  
  

(b) Peptides (Healing & Performance)

Examples: BPC-157, TB-500, CJC-1295/Ipamorelin, Sermorelin, IGF-1 LR3.

• Important note: Most peptides are investigational and not FDA-approved.
  
  
• Potential side effects: injection site reactions, headaches, water retention, joint pain.
  
  
• Serious risks: unknown long-term safety; theoretical cancer growth concerns in patients with active malignancy.
  
  

(c) Anti-Aging & Regeneration

Examples: NAD+, Glutathione, Alpha Lipoic Acid, CoQ10, GHK-Cu, Vitamin therapies.

• Common side effects: flushing, headache, digestive upset, fatigue.
  
  
• Risks: allergic reactions, electrolyte disturbances (with IV infusions), rare liver or kidney strain.
  
  

(d) Hormones & Sexual Health

Examples: Bioidentical Hormone Replacement Therapy (BHRT), Testosterone, Sildenafil, Tadalafil, female libido creams.

• Common side effects: acne, fluid retention, mood changes, flushing, headaches.
  
  
• Serious risks: increased risk of blood clots, stroke, heart attack, prostate growth (men), endometrial effects (women).
  
  
• Contraindications: pregnancy, certain cancers, uncontrolled cardiovascular disease.
  
  

(e) Brain Health & Nootropics

Examples: Selank, Semax, NAD+.

• Status: investigational peptides not FDA-approved.
  
  
• Potential side effects: anxiety, sleep disturbance, headaches, nasal irritation (intranasal).
  
  
• Long-term risks: unknown.
  
  

(f) Wellness & Infusions

Examples: IV vitamin blends, Glutathione, CoQ10, B-Complex, Vitamin D.

• Common side effects: mild discomfort at infusion site, headache, nausea.
  
  
• Risks: vein irritation, electrolyte imbalance, infection if improperly administered.
  
  

6.4 Patient Duties

• Disclose your full medical history and medication list to your clinician before starting treatment.
  
  
• Inform your clinician if you become pregnant or plan to become pregnant.
  
  
• Report side effects promptly.
  
  
• Follow dosing instructions exactly as prescribed.
  
  

6.5 Emergency Protocol

THE SERVICES ARE NOT APPROPRIATE FOR MEDICAL EMERGENCIES. IF YOU EXPERIENCE SEVERE SIDE EFFECTS OR A LIFE-THREATENING EMERGENCY, CALL 911 IMMEDIATELY.

7. Privacy, Data Use, and HIPAA Compliance

7.1 Privacy Commitment

PNH is committed to protecting your personal information, including your Protected Health Information (PHI). We comply with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), to the extent required by law.

7.2 Use and Disclosure of PHI

By using the Services, you authorize PNH and affiliated clinicians to:

• Collect, use, and disclose your PHI as necessary to provide care, process prescriptions, coordinate with pharmacies, and operate the platform;
  
  
• Share information with third-party vendors (e.g., payment processors, telehealth software, labs, pharmacies) strictly for purposes related to your treatment, payment, or healthcare operations;
  
  
• Retain and use de-identified or aggregated data for analytics, quality improvement, and business operations.
  
  

YOUR INFORMATION WILL NOT BE SOLD TO THIRD PARTIES FOR MARKETING PURPOSES.

7.3 Patient Rights

You have the right to:

• Access and obtain a copy of your medical records;
  
  
• Request corrections to your records if you believe they are inaccurate;
  
  
• Request restrictions on certain uses or disclosures, subject to legal and operational limits;
  
  
• Receive an accounting of disclosures as required by law.
  
  

To exercise these rights, contact us at the email or address provided in Section 16 (Contact Information).

7.4 Electronic Communications

By using the Services, you consent to the use of email, SMS, phone, and portal messaging for appointment reminders, treatment updates, and administrative notices. Standard messaging and data rates may apply.

PNH CANNOT GUARANTEE THAT ELECTRONIC COMMUNICATIONS WILL BE 100% SECURE. YOU ARE RESPONSIBLE FOR PROTECTING YOUR DEVICES AND LOGIN CREDENTIALS.

7.5 Data Security

• PNH uses encryption and other safeguards to protect sensitive data.
  
  
• Despite these measures, no system is completely secure.
  
  
• By using the Services, you acknowledge the inherent risks of online communication and agree that PNH is not liable for unauthorized access outside of its reasonable control.
  
  

7.6 Third-Party Links and Services

The Services may contain links or integrations with third-party tools (e.g., pharmacies, labs, payment portals). PNH is not responsible for the privacy practices or security measures of these third parties.

7.7 Privacy Policy

These Terms of Use incorporate by reference the Pure Nova Health Privacy Policy, which provides additional detail on how we handle your information. In case of conflict, the Privacy Policy will control with respect to data use.

8. Intellectual Property & Content Ownership

8.1 Pure Nova Health Content

All materials provided through the Services—including but not limited to text, graphics, logos, icons, images, videos, educational content, software, and design elements (collectively, “PNH Content”)—are the exclusive property of Pure Nova Health or its licensors.

PNH CONTENT IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS.

Except as expressly allowed in these Terms, you may not copy, reproduce, distribute, modify, display, or create derivative works from PNH Content without prior written permission.

8.2 Limited License

PNH grants you a personal, limited, non-transferable, non-exclusive, revocable license to access and use the Services and PNH Content solely for your personal, non-commercial healthcare use.

This license does not allow you to:

• Use the Services or Content for commercial purposes;
  
  
• Reverse engineer or attempt to extract source code;
  
  
• Scrape, mine, or harvest data from the platform;
  
  
• Misrepresent PNH Content as your own.
  
  

8.3 Trademarks

All PNH names, logos, slogans, and product/service marks are trademarks of Pure Nova Health. Other names, logos, and marks appearing in the Services may be trademarks of their respective owners. Nothing in these Terms grants you rights to use PNH trademarks without written consent.

8.4 User-Generated Content

If you submit, post, or upload content to the Services (such as reviews, testimonials, questions, or suggestions):

• You retain ownership of your content;
  
  
• You grant PNH a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, and display such content in any medium for lawful purposes, including marketing and service improvement;
  
  
• You represent that you have all rights and permissions necessary to grant this license.
  
  

PNH IS NOT RESPONSIBLE FOR USER-GENERATED CONTENT AND DOES NOT GUARANTEE ITS ACCURACY OR RELIABILITY.

8.5 Copyright Complaints (DMCA)

If you believe that any PNH Content or user-generated content infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (DMCA) to PNH’s designated agent (see Section 16, Contact Information). Notices must include:

• Identification of the copyrighted work claimed to have been infringed;
  
  
• Identification of the material claimed to be infringing;
  
  
• Your contact information;
  
  
• A statement of good-faith belief that use is unauthorized;
  
  
• A statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner;
  
  
• Your physical or electronic signature.
  
  

9. Prohibited Conduct & Acceptable Use

9.1 General Obligation

You agree to use the Services responsibly, ethically, and only for lawful purposes consistent with these Terms. Any misuse may result in suspension or termination of your account and potential legal action.

9.2 Prohibited Conduct

You may not use the Services to:

• Provide false, misleading, or incomplete information during account creation, medical intake, or communications with clinicians;
  
  
• Impersonate another person, misrepresent your identity, or access another user’s account;
  
  
• Attempt to obtain prescriptions for which you have no legitimate medical need;
  
  
• Share, sell, or distribute any medication obtained through the Services;
  
  
• Violate federal, state, or local laws or regulations, including those governing telehealth, pharmacy practice, or controlled substances;
  
  
• Upload, transmit, or distribute viruses, malware, or harmful code;
  
  
• Interfere with or disrupt the functionality of the Services, servers, or networks;
  
  
• Attempt to gain unauthorized access to any part of the Services, including data, accounts, or systems;
  
  
• Scrape, harvest, or systematically collect data from the Services;
  
  
• Post, upload, or share content that is defamatory, obscene, harassing, threatening, infringing, or otherwise unlawful.
  
  

9.3 Controlled Substances and Misuse

• PNH generally does not support prescriptions for controlled substances. If ever permitted under law, such prescriptions are subject to strict verification.
  
  
• Any misuse, diversion, or unlawful distribution of prescribed medications is strictly prohibited and may result in immediate termination, reporting to law enforcement, and permanent banning from the platform.
  
  

9.4 Acceptable Use

You may use the Services only to:

• Access healthcare consultations and related content for your personal health needs;
  
  
• Communicate securely with clinicians and PNH staff as permitted;
  
  
• Manage your prescriptions, billing, and account settings.
  
  

9.5 Enforcement

PNH reserves the right, at its sole discretion, to:

• Investigate suspected violations of this section;
  
  
• Suspend or terminate accounts engaged in prohibited conduct;
  
  
• Cooperate with law enforcement or regulators as required by law.
  
  

YOU UNDERSTAND THAT VIOLATIONS OF THIS SECTION MAY RESULT IN LOSS OF ACCESS TO THE SERVICES AND, WHERE APPLICABLE, LEGAL LIABILITY.

10. Disclaimers of Warranties & Limitation of Liability

10.1 No Warranties

THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, AND MATERIALS PROVIDED BY PNH, ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

Without limiting the foregoing, PNH expressly disclaims any and all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

PNH makes no warranty that:

• The Services will meet your requirements or expectations;
  
  
• The Services will be uninterrupted, timely, secure, or error-free;
  
  
• Any results or outcomes from using the Services will be accurate, reliable, or successful;
  
  
• Medications, compounds, or products prescribed or dispensed will be free of defects or suitable for a particular purpose.
  
  

You assume full responsibility for your use of the Services and any reliance on information provided.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PNH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF PNH TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO PNH FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10.3 Exclusions

Some states do not allow the exclusion of certain warranties or the limitation/exclusion of liability for incidental or consequential damages. To the extent such laws apply, some of the above limitations may not apply to you.

10.4 Allocation of Risk

The foregoing limitations of liability form an essential basis of the bargain between you and PNH. Without such limitations, the Services would not be provided on the same terms.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PURE NOVA HEALTH (PNH), ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES).

This includes, without limitation, claims arising out of or related to:

• your use of the Services;
  
  
• your violation of these Terms or any applicable law;
  
  
• your violation of any third-party rights, including intellectual property or privacy rights;
  
  
• any content or information you provide through the Services;
  
  
• any misuse, diversion, or illegal distribution of medication obtained through the Services.
  
  

PNH reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate fully with PNH’s defense.

‍

12. Dispute Resolution, Governing Law & Arbitration

12.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

12.2 Mandatory Arbitration

Except as provided in Section 12.4 (Small Claims), you and Pure Nova Health (PNH) agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Arbitration shall be conducted by the American Arbitration Association (AAA) under its rules then in effect. The arbitration shall be held in Austin, Texas, or another mutually agreed location, and may be conducted virtually where permitted.

12.3 Waiver of Jury Trial and Class Actions

BY AGREEING TO ARBITRATION, YOU AND PURE NOVA HEALTH (PNH) WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

12.4 Small Claims Exception

Nothing in this section prevents either party from bringing an individual action in small claims court for disputes within that court’s jurisdiction.

12.5 Time Limit to Bring Claims

ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR IT IS PERMANENTLY BARRED.

12.6 Injunctive Relief

Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Services, without waiving the right to arbitration.

13. Termination of Services & Survival of Terms

13.1 Termination by PNH

PNH may suspend or terminate your access to the Services at any time, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms or applicable law;
  
  
• Fraudulent, abusive, or harmful conduct;
  
  
• Non-payment or chargeback of fees;
  
  
• Misuse, diversion, or unauthorized distribution of medications;
  
  
• Conduct that poses a risk to patient safety, public health, or the reputation of PNH.
  
  

13.2 Termination by You

You may stop using the Services and close your account at any time by following the instructions provided within the platform or by contacting customer support. Termination does not relieve you of any outstanding financial obligations, nor does it entitle you to a refund except as expressly provided in Section 4 (Billing, Subscriptions, and Refund Policy).

13.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Certain features, such as continued access to your medical records or prescription refills, may be restricted. PNH is not liable for loss of access to health data or Services once your account is terminated, except as required by law.

13.4 Survival of Terms

THE FOLLOWING SECTIONS OF THESE TERMS WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR USE OF THE SERVICES: SECTION 6 (RISKS, SIDE EFFECTS, AND IMPORTANT SAFETY INFORMATION), SECTION 7 (PRIVACY, DATA USE, AND HIPAA COMPLIANCE), SECTION 8 (INTELLECTUAL PROPERTY & CONTENT OWNERSHIP), SECTION 9 (PROHIBITED CONDUCT & ACCEPTABLE USE), SECTION 10 (DISCLAIMERS OF WARRANTIES & LIMITATION OF LIABILITY), SECTION 11 (INDEMNIFICATION), SECTION 12 (DISPUTE RESOLUTION, GOVERNING LAW & ARBITRATION), AND THIS SECTION 13.

These provisions remain in force to protect the rights and obligations of both parties beyond the termination of your account.

14. Modifications to Terms & Services

14.1 Changes to Terms

PNH reserves the right to modify or update these Terms at any time in its sole discretion. If material changes are made, PNH will provide notice by:

• posting the updated Terms on the website or within the platform;
  
  
• updating the “Last Updated” date at the top of the Terms; and
  
  
• providing additional notice (such as email or in-platform message) where legally required.
  
  

YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS. If you do not agree to the new Terms, you must stop using the Services and close your account.

14.2 Changes to Services

PNH may change, suspend, or discontinue any aspect of the Services at any time, including features, functionality, or pricing. We may also impose new limits on certain features or restrict access to parts of the Services without prior notice.

PNH will make reasonable efforts to notify you of significant service changes that materially affect your use. However, PNH shall not be liable to you or any third party for modification, suspension, or discontinuation of the Services.

14.3 Updates to Clinical Offerings

Because medical practices, regulations, and compounding standards evolve, specific therapies, medications, or formulations may be updated, substituted, or discontinued. PNH does not guarantee that any particular therapy or product will remain available indefinitely.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and PNH regarding the Services and supersede all prior agreements or understandings, whether written or oral.

15.2 Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without prior written consent from PNH. Any attempted assignment in violation of this provision is void. PNH may assign or transfer its rights and obligations without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

15.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15.4 No Waiver

Failure or delay by PNH to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce it at a later time.

15.5 Force Majeure

PNH shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, supply chain disruptions, power or internet failures, governmental actions, or other events outside its control.

15.6 Headings

Section titles and headings are for convenience only and have no legal or contractual effect.

15.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, employer–employee, or agency relationship between you and PNH. You may not hold yourself out as an agent or representative of PNH.

16. Notices & Contact Information

16.1 Notices from PNH

PNH may provide notices to you under these Terms by:

• posting the notice within the Services or on our website;
  
  
• sending an email to the email address associated with your account; or
  
  
• mailing to the physical address you provided (if applicable).
  
  

Notices are deemed received when posted, sent, or otherwise made available by PNH.

16.2 Notices to PNH

All legal notices, questions about these Terms, or other official communications must be directed to:

Pure Nova Health
730 Shade Tree Dr, Austin, TX 78748
Email: info@purenovahealth.com

Notices are effective upon receipt by PNH.

16.3 Customer Support

For routine questions about your subscription, billing, or clinical care coordination, please contact our support team at:

Support Email: info@purenovahealth.com
Support Phone: 512-796-2537