Terms of Service & Privacy Policy

Terms of Service

Last Updated: 10/10/2023

These Terms of Service (“Terms”) govern your use of our medical services, including but not limited to consultations, diagnostics, treatments, and other related healthcare services provided by Ariva Wellness (“we,” “our,” or “us”).

By accessing or using our medical services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our services.

1. Provision of Medical Services

1.1. Professional Services: Our medical services are provided by licensed healthcare professionals. The information provided during consultations is for general informational purposes and does not constitute medical advice.

1.2. Treatment Decisions: Treatment decisions are made solely by healthcare professionals based on individual patient assessments. We do not endorse or guarantee specific outcomes.

2. User Responsibilities

2.1. Accurate Information: Users must provide accurate and complete information about their medical history, current health status, and other relevant details.

2.2. User Account: If you create an account with us, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

3. Privacy and Confidentiality

3.1. Protected Health Information (PHI): We are committed to protecting the privacy and confidentiality of your PHI in accordance with applicable laws and regulations.

3.2. Data Security: We implement reasonable measures to safeguard your data, but we cannot guarantee the security of information transmitted over the internet.

4. Payment and Billing

4.1. Fees: Users are responsible for all fees associated with the use of our medical services. Fees are disclosed prior to the provision of services.

4.2. Payment: Payment for services is due at the time of service. We accept various payment methods as specified on our platform.

5. Termination of Services

5.1. Termination: We reserve the right to terminate or suspend services to any user for violation of these Terms or for any other reason at our discretion.

6. Disclaimer of Warranties

6.1. No Warranty: We do not warrant that our medical services will meet your requirements or be uninterrupted, timely, secure, or error-free.

7. Limitation of Liability

7.1. No Liability for Damages: In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our medical services.

8. Changes to Terms

8.1. Modification: We reserve the right to modify or update these Terms at any time. Users will be notified of changes, and continued use of our services constitutes acceptance of the modified Terms.

9. Governing Law

9.1. Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of California. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located within California.

By using our medical services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you have any questions or concerns, please contact us at info@arivawellness.com

SMS Messages Terms and Conditions

The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Website or App or the Software as a Service product shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Sacramento and County of Sacramento County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

You and the Ariva Wellness agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of our products (including without limitation the Site and any Services) (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Ariva Wellness with written notice of your desire to do so by email at info@arivawellness.com within thirty (30) days following the date you first agree to these Terms of Use (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Ariva Wellness with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Ariva Wellness with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Ariva Wellness with an Arbitration Opt-out Notice, you acknowledge and agree that you and Ariva Wellness are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Ariva Wellness otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you and Ariva Wellness otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $ 5 ,000, then the arbitration will be conducted solely on the basis of the documents that you and Ariva Wellness submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $ 5 ,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation on Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ariva Wellness will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $ 25 ,000, Ariva Wellness will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions of the “Right to Modify” section above, if the Company changes this “Dispute Resolution” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email to info@arivawellness.com ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ariva Wellness’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ariva Wellness in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Privacy Policy

At Ariva, we understand the sensitivity and importance of patient information. We are committed to protecting the privacy and confidentiality of all patient information in our possession. This Privacy Policy outlines how we handle patient information and the steps we take to ensure its security.

Collection and Use of Patient Information :

· We collect patient information in a variety of ways, including but not limited to:

· Information provided by patients themselves

· Information provided by healthcare providers or other authorized parties

· Information collected during patient visits or treatments

· Information collected through online platforms or applications

We collect patient information for the following purposes :

· To provide healthcare services to patients

· To maintain patient records

· To process payments for healthcare services

· To communicate with patients regarding healthcare services

· To comply with legal and regulatory requirements

· Disclosure of Patient Information

We do not disclose patient information to third parties without the patient’s explicit consent, except in the following circumstances :

· To healthcare providers or other authorized parties involved in the patient’s care

· To comply with legal or regulatory requirements

· To protect the health and safety of the patient or others

· To prevent or detect fraud or other illegal activities

· Security of Patient Information

We take reasonable steps to ensure the security of patient information in our possession, including :

· Implementing physical, technical, and administrative safeguards to protect against unauthorized access, use, or disclosure

· Limiting access to patient information to authorized personnel who require it for the purposes outlined in this Privacy Policy

· Regularly monitoring and testing our security measures to identify and address vulnerabilities

Retention of Patient Information :

· We retain patient information only as long as necessary for the purposes outlined in this Privacy Policy or as required by law or regulation. Once the information is no longer needed, we securely dispose of it in accordance with our data retention and disposal policies.

Patient Rights

Patients have the right to:

· Access their own patient information

· Request correction of inaccurate patient information

· Request deletion of patient information, subject to legal and regulatory requirements

· Object to the use or disclosure of patient information

· Withdraw consent for the collection, use, or disclosure of patient information

· Changes to this Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time without prior notice. We will post the updated Privacy Policy on our website and notify patients of any material changes.

If you have any questions or concerns about this Privacy Policy or our handling of patient information, please contact us at info@arivawellness.com.