Terms and Conditions

AQUIVIA HEALTH, LLC

TERMS AND CONDITIONS

Governing Your Use of the Aquivia Health Telehealth Platform

Version 1.0  |  Effective April 26, 2026 |  Aquivia Health, LLC

IMPORTANT NOTICE: Please read these Terms and Conditions carefully before using the Aquivia Health platform. By clicking ‘I Agree’ or using our services, you agree to be bound by these Terms. If you do not agree, do not use the Service. These Terms include a dispute resolution provision. See Section 14 for your arbitration rights and opt-out option.

MEDICAL EMERGENCY: Call 911 immediately. The Aquivia Health platform is not designed for emergency situations. For non-urgent (non-emergency) clinical questions, call 804-963-8235.

  1. ACCEPTANCE & PARTIES

These Terms and Conditions (‘Terms’ or ‘Agreement’) govern your access to and use of the telehealth platform (‘Platform’) operated by Aquivia Health, LLC (‘Aquivia Health,’ ‘we,’ ‘us,’ or ‘our’). By creating an account, clicking ‘I Agree,’ or using the Platform, you agree to be bound by these Terms.

‘You’ and ‘your’ refer to the adult individual who is (a) at least 18 years of age, and (b) at or above the applicable age of majority in the state or jurisdiction in which you reside or are located at the time of service, whichever age is higher. The Aquivia Health Platform is available exclusively to adults meeting this eligibility threshold. Minors and persons below any applicable state age of majority are expressly prohibited from using the Platform, and no parental or guardian consent can confer eligibility on an ineligible individual.

AGENCY AUTHORITY LIMITATION: These Terms do not grant any third party the authority to agree to healthcare services or consent to clinical treatment on your behalf. You must personally accept these Terms and consent to healthcare. Any third party accessing the Platform on your behalf for non-clinical, administrative purposes must have a written power of attorney or equivalent legal authorization documented and provided to Aquivia Health upon request.

  1. SERVICES & PROVIDER RELATIONSHIPS

2.1  Nature of the Service

Aquivia Health operates a technology and education platform that connects patients with licensed healthcare and mental health providers (‘Providers’) for telehealth consultations, prescription services, and related care. Aquivia Health is a technology and education company — not a healthcare provider.

By using the Platform, you may enter into a provider-patient relationship with the Provider who treats you. You do not enter into a provider-patient relationship with Aquivia Health. Your use of telehealth services is also subject to a separate Telehealth Consent and Authorization, which you must review and accept prior to receiving services. NO MEDICAL ADVICE: Aquivia Health does not provide medical advice. All medical advice, diagnoses, and treatment decisions are made solely by licensed Providers. Content made available through the Platform is for informational and educational purposes only and is not a substitute for professional medical advice.

2.2  Provider Entities

Healthcare and mental health services are provided through one or more licensed medical groups that employ or contract with Providers licensed in the states where you are located at the time of service. A current list of participating medical groups is available upon request..

2.3  Pharmacy Partners

Prescription fulfillment services are available through the following pharmacy partners:

Pharmacy Name

Address

Phone

Website

RedRock Pharmacy

1240 E 100 S #220, St. George, UT 84790

801-433-9500

https://www.redrockhomepharmacy.com/

Health Warehouse

7107 Industrial Rd. Florence, KY, 41042

800-748-7001

https://www.healthwarehouse.com

Precision Compounding Pharmacy

2657 Merrick Road Bellmore, NY 11710

516-833-6262

https://mypcphealth.com/

Triad Rx   

26258 Pollard Road, Daphne, AL 36526

251-380-7630

https://www.triadrx.us


2.4  Laboratory Partners

Laboratory testing services are available through the following CLIA-certified laboratories:

LabCorp, Inc.; Quest Diagnostics, Inc.; Bio-Reference Laboratories, Inc.

  1. FINANCIAL RESPONSIBILITY

Aquivia Health and its medical group partners are not enrolled in Medicare, Medicaid, or commercial insurance plans. By using the Service, you are choosing to obtain care on a direct-pay basis.

You are responsible for the full cost of all services and products received through the Platform, including Provider consultation fees, prescription costs, and laboratory fees. Costs will be disclosed at checkout before you are charged.

YOUR REIMBURSEMENT RIGHTS: Aquivia Health does not represent or provide guidance or documentation to support reimbursement from third-party payors, including but not limited to commercial and government health insurance programs.

Check your provider’s policies if you are considering using FSA or HAS account for reimbursement.

  1. SUBSCRIPTION SERVICES

4.1  Subscription Terms

Certain services are offered on an automatically renewing subscription basis. Subscription pricing, billing frequency, and included services will be clearly disclosed at checkout before you are charged.

4.2  Cancellation

You may cancel your subscription at any time through any of the following methods:

  • In-app under ‘My Subscriptions’.
  • Online at openloop.com/account.
  • By calling 1-786-206-6871.
  • By emailing support@aquiviahealth.com.

CANCELLATION POLICY: You may cancel your subscription at least 5 days before your next renewal date to avoid being charged for the next period. If you cancel within 5 days of your renewal date, cancellation will take effect at the end of the current period. You will receive an annual reminder of your subscription terms and cancellation rights.

4.3  Price Changes

We will provide at least 30 days advance notice before any subscription price change takes effect. Material changes to subscription terms require your affirmative re-consent before they take effect.

4.4  Refunds

Refunds for subscription periods will be provided on a pro-rated basis for unused portions if you cancel due to a change in your medical eligibility, a Provider’s clinical determination that the Service is no longer appropriate, or a material change to subscription terms that you do not accept. Refunds for shipped medications are subject to applicable state pharmacy law.

  1. PRESCRIPTION PRODUCTS

Certain services require a valid prescription from a licensed Provider. Prescriptions are written solely at the clinical discretion of your Provider. You may fill any prescription through a pharmacy of your choice — you are not required to use Aquivia Health’s pharmacy partners.

COMPOUNDING PHARMACY NOTICE: Some prescriptions may be filled by compounding pharmacies operating under FDA 503A (traditional compounding) or 503B (outsourcing facility) regulations. These designations reflect different quality, sterility, and regulatory oversight standards. Your prescription documentation will identify the applicable pharmacy and its regulatory classification. For peptide-based therapies, FDA regulatory status may change; your Provider will inform you of any material regulatory changes affecting your prescribed therapy.

PACKAGING NOTICE: Not all prescription products are dispensed in child-resistant containers. If you have children in your household and require child-resistant packaging, contact OpenLoop Health US at 1-786-206-6871 or your pharmacy before your prescription is filled.

 

  1. LABORATORY SERVICES

Laboratory testing services require a Provider order. All laboratory partners are CLIA-certified. Testing is voluntary and you may decline any test without affecting your right to receive care for conditions that do not require that test

Laboratory terms, including direct access testing consent, result release, and specimen handling, are governed by the Laboratory Testing section of your Telehealth Consent and Authorization (a separate document provided at enrollment).

Testing is not required for most programs but is encouraged; however, certain laboratory tests may be required by clinical protocols or clinician judgment in order to provide safe and appropriate care.

  1. AGE ELIGIBILITY & MINOR EXCLUSION

The Aquivia Health Platform and all services offered through it are available exclusively to adults. You must be (a) at least 18 years of age AND (b) at or above the applicable age of majority in the state or jurisdiction in which you reside or are located at the time you use the Platform, whichever age is higher. Individuals who do not meet this age threshold are expressly prohibited from accessing or using the Platform, and no exception is made for minors regardless of parental or guardian consent.

By creating an account or using the Platform, you represent and warrant that you satisfy these age eligibility requirements. If Aquivia Health or its providers determine or has reason to believe that you do not meet the applicable age requirements, Aquivia Health or its providers reserve the right to immediately suspend or terminate your account and delete all associated data without prior notice. If a parent or legal guardian becomes aware that an individual under their care has accessed the Platform, they should contact us immediately at support@aquiviahealth.com so that the account may be closed and data deleted in accordance with applicable law.

  1. ACCEPTABLE USE

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

  • Provide false or misleading information about your identity, age, health status, or location.
  • Share your account credentials with any other person.
  • Attempt to access another user’s account or health information.
  • Use the Platform in any manner that could harm other users, Providers, or Aquivia Health.
  • Attempt to circumvent or disable any security or access control feature of the Platform.
  • Use the platform to obtain prescription medications for third parties.
  1. INTELLECTUAL PROPERTY

All content, software, and technology comprising the Platform is the property of Aquivia Health or its licensors and is protected by applicable intellectual property law. You may not reproduce, distribute, or create derivative works from Platform content without our express written permission.

  1. CHANGES TO THESE TERMS

We reserve the right to modify these Terms. For changes that are not material to your healthcare services or subscription terms, we will post the updated Terms and update the ‘Last Updated’ date. For material changes to healthcare services terms or subscription terms, we will provide at least 30 days advance notice and require your affirmative re-consent before the changes take effect.

  1. PRIVACY

Your use of the Platform is subject to our Privacy Policy and Consumer Health Data Privacy Policy, both available at aquiviahealth.com/legal. These policies explain how we collect, use, and protect your personal and health information.

  1. DISCLAIMERS & LIMITATION OF LIABILITY

THE PLATFORM IS PROVIDED ‘AS IS.’ AQUIVIA HEALTH MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC OUTCOME WILL RESULT FROM YOUR USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUIVIA HEALTH’S LIABILITY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.

Nothing in these Terms limits Aquivia Health’s liability for gross negligence, willful misconduct, or fraud, or limits any statutory rights you may have under applicable state or federal consumer protection laws that cannot be waived by contract.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Aquivia Health, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your misrepresentation of any information provided to Aquivia Health or your Providers; or (c) your violation of applicable law.

  1. DISPUTE RESOLUTION

14.1  Informal Resolution First

We are committed to resolving disputes informally. Before initiating any formal proceeding, you and Aquivia Health agree to attempt resolution through a good-faith informal conference within 45 days of written notice of a dispute. Notices should be sent to: legal@aquiviahealth.com or Aquivia Health, LLC, 12750 Jefferson Davis Highway #322, Chester, VA 23831, ATTN: Dispute Notice.

14.2  Binding Arbitration

If informal resolution fails, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.  . The arbitrator may award any relief available in court on an individual basis.

ARBITRATION OPT-OUT: You may opt out of arbitration within 30 days of first accepting these Terms by sending a signed written opt-out notice to: legal@aquiviahealth.com or Aquivia Health, LLC, 12750 Jefferson Davis Highway #322, Chester, VA 23831 ATTN: Arbitration Opt-Out. Opting out does not affect any other part of these Terms.

14.3  Class Action Waiver

You and Aquivia Health agree that all disputes will be resolved on an individual basis. Neither party will participate in a class action, class-wide arbitration, or representative action. This class action waiver is severable from the arbitration agreement — if the waiver is found unenforceable, the dispute will proceed in court on an individual basis, not as a class action.

HEALTHCARE ARBITRATION — STATE-SPECIFIC NOTICE: Certain states limit mandatory arbitration for healthcare disputes. California requires specific disclosure language for medical malpractice arbitration. If you are a California resident, New Jersey resident, or Montana resident, please see the state-specific arbitration addendum at aquiviahealth.com/legal/arbitration-state-notices.

14.4  Governing Law & Venue

These Terms are governed by the laws of the Commonwealth of Virginia, except to the extent that applicable law in your state of residence requires otherwise. For claims not subject to arbitration, you consent to jurisdiction in the state and federal courts located in the Commonwealth of Virginia.

  1. GENERAL PROVISIONS

Entire Agreement: These Terms, together with the Telehealth Consent and Authorization, Privacy Policy, Consumer Health Data Privacy Policy, and any applicable service-specific terms, constitute the entire agreement between you and Aquivia Health regarding the Service.

Severability: If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, without affecting the remaining provisions.

Assignment: You may not assign your rights under these Terms. Aquivia Health may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, with 30 days notice to you.

Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so in the future.

  1. CONTACT

General Inquiries: support@aquiviahealth.com  | 804-963-8235

Legal / Dispute Notices: legal@aquiviahealth.com  |  Aquivia Health, LLC, 12750 Jefferson Davis Highway, #322, Chester, VA 23831-5308, ATTN: Legal

Privacy: privacy@aquiviahealth.com

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