Terms of Service

Last updated: August 18, 2026

These Terms of Service (“Terms”) are a binding agreement between you and Viv Health, Inc. (“VIV RX,” “we,” “us,” or “our”) governing your access to and use of the VIV RX website and related services (the “Services”). Please read them carefully. By creating an account, submitting an intake form, purchasing a plan, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

These Terms contain a binding arbitration provision and a class-action waiver in Section 17 that affect how disputes between you and VIV RX are resolved. They also contain disclaimers and limits on our liability in Sections 14 and 15.

1. Who provides what

VIV RX is a technology and administrative platform. We are not a medical practice, a pharmacy, or an insurer, and we do not practice medicine or pharmacy.

• Medical services are provided by independent, US-licensed physicians, nurse practitioners, and physician assistants (“Providers”) who practice through one or more independent professional entities (the “Medical Group”). Providers exercise their own independent clinical judgment. VIV RX does not direct, control, or interfere with that judgment, and does not pay Providers for writing prescriptions.
• Dispensing and compounding are performed by independent, state-licensed pharmacies (“Pharmacies”). VIV RX does not compound, dispense, or ship medication.
• VIV RX provides the website, the intake technology, scheduling, billing and administrative support, and customer service.

Your relationship with a Provider or a Pharmacy is separate from your relationship with VIV RX. Providers and Pharmacies are responsible for their own professional services and are not our employees or agents.

2. No medical advice; no provider–patient relationship with VIV RX

The content on this website — including product pages, descriptions, timelines, FAQs, and the BMI calculator — is general information, not medical advice, and is not a substitute for consultation with a qualified health professional. Using the website does not create a provider–patient relationship with VIV RX. A provider–patient relationship is formed only between you and a Provider, and only if and when that Provider accepts you for evaluation.

Never disregard or delay seeking professional medical advice because of something you read on the Services. Always tell your own physician about any treatment you receive through the Services.

3. Not for emergencies

The Services are not for medical emergencies. If you think you may be having a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use the Services, messaging, or email to report an emergency. We do not monitor communications in real time.

4. Eligibility

To use the Services you must be at least 18 years old, physically located in the United States, and legally able to enter into this agreement. Availability varies by state, and some treatments are not offered in every state. We may decline service, and a Provider may decline to evaluate or treat you, for any lawful reason. The Services are not directed to children, and we do not knowingly collect information from anyone under 18.

5. Medical disclaimers you should read before purchasing

• Compounded medications are not FDA-approved. The FDA does not review compounded drugs for safety, effectiveness, or manufacturing quality. A compounded preparation is not the same as, and is not evaluated by the FDA as equivalent to, any FDA-approved product.
• No prescription is guaranteed. Purchasing or requesting a plan is a request for evaluation, not a purchase of medication. A Provider may determine that treatment is not appropriate for you.
• Off-label use. Some medications offered through the Services may be prescribed for uses the FDA has not reviewed or approved. Off-label prescribing is lawful and at a Provider's discretion, and your Provider will discuss it with you.
• Results vary and are not guaranteed. Individual outcomes depend on many factors, and some people do not respond. Nothing on the Services is a promise of any particular result.
• All medications carry risks, including side effects and interactions. Read the safety information on each product page and the information dispensed with your medication, and discuss risks with your Provider.

6. Your responsibilities

Your Provider must rely on what you tell them, because no in-person physical examination is performed. You therefore agree to:

• Provide complete, accurate, and current information about your identity, age, health history, conditions, allergies, and all medications and supplements you take, and to keep it updated;
• Use any medication only as prescribed, only for yourself, and never share, resell, or transfer it to anyone else;
• Store and dispose of medication and sharps safely;
• Report side effects to your Provider promptly, and seek emergency care when warranted;
• Keep your account credentials confidential and tell us promptly of any unauthorized use. You are responsible for activity under your account.

Providing false or incomplete health information can lead to serious harm and may result in termination of your access to the Services.

7. Prescriptions, refills, and transfers

Prescriptions are issued at a Provider's independent discretion, in the dose and quantity they judge appropriate, and are sent to a Pharmacy of our network's choosing. Dose changes, refills, and continuation require Provider review. If you are transferring from another provider, you must disclose your current treatment and dose accurately so your Provider can confirm what is appropriate for you.

8. Pricing, billing, and subscriptions

Plan prices are stated on the applicable product page and include the Provider evaluation, the prescribed medication if approved, and standard shipping. Some treatments are not priced online; for those, pricing is provided during your consultation before you are asked to pay. Prices are in US dollars and may change prospectively — a change never applies to a period you have already paid for.

Plans are recurring subscriptions. By enrolling you authorize us (and our payment processor) to charge your payment method on a recurring basis, at the interval and amount disclosed at checkout, automatically and without further notice, until you cancel. Monthly plans renew every month; quarterly plans renew every three months. Your renewal date is stated in your order confirmation.

You are not charged unless a Provider prescribes. If a Provider determines treatment is not appropriate for you, you are not charged for the plan, or you are refunded as described in our Refund Policy.

How to cancel. You may cancel at any time, effective for the next billing period, with no cancellation fee and no penalty, by emailing support@vivrx.com from the email address on your order with the word “cancel.”

We will confirm your cancellation. Cancelling stops future charges; it does not retroactively refund a period already served, except as set out in the Refund Policy or as required by law. Medication already shipped cannot be returned (see Section 9). You remain responsible for charges incurred before cancellation takes effect. Taxes and any shipping surcharges are your responsibility where applicable.

If a charge fails, we may retry it and may suspend your plan. Please keep your payment and contact details current.

9. Shipping, returns, and refunds

Medication ships from a Pharmacy in plain packaging to the address you provide; you are responsible for the accuracy of that address. Dispensed prescription medication cannot be returned, resold, or reused, because federal and state pharmacy law prohibits returning it to stock. Our Refund Policy explains the limited circumstances in which we refund or replace an order, and is part of these Terms.

10. Consent to electronic communications

You consent to receive notices, disclosures, agreements, and other communications from us and from Providers electronically — by email, through your account, or by text where you have provided a mobile number — and you agree that electronic delivery satisfies any legal requirement that a communication be in writing. Message and data rates may apply. You may withdraw consent to non-essential messages by using the unsubscribe link or replying STOP, but we may still send transactional and safety messages related to your care. To request a paper copy of a record, email support@vivrx.com.

11. Privacy

Our handling of your information is described in our Privacy Policy, our Notice of Privacy Practices (which governs protected health information), and, for California residents, our California Privacy Notice. Telehealth-specific consent is described in our Telehealth Informed Consent.

12. Intellectual property

The Services, and all text, design, graphics, product photography, logos, and software in them, are owned by VIV RX or its licensors and are protected by intellectual-property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services for your own personal, non-commercial use. You may not copy, scrape, frame, reverse-engineer, or create derivative works from the Services, or use our trademarks, without our prior written permission. Any feedback you send us may be used without obligation to you.

13. Acceptable use

You agree not to:

• misrepresent your identity, age, location, or health information, or use the Services on behalf of someone else without authority;
• attempt to obtain medication you do not intend to use as prescribed, or to obtain it for resale or for another person;
• interfere with, overload, probe, or attempt to gain unauthorized access to the Services or to any account, system, or data;
• use bots, scrapers, or automated means to access the Services, or circumvent any security or rate-limiting measure;
• upload malicious code, or content that is unlawful, infringing, defamatory, or that violates another person's privacy;
• use the Services for any unlawful purpose or in violation of these Terms.

We may investigate and take appropriate action, including suspending or terminating access and reporting conduct to law enforcement.

14. Disclaimer of warranties

Except where prohibited by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that any content is accurate or complete, or that any particular treatment will be prescribed, available, or effective for you.

This Section does not disclaim any warranty or duty owed to you by a Provider or a Pharmacy in the course of their professional services, and does not limit rights you have under consumer-protection law that cannot lawfully be waived.

15. Limitation of liability

To the fullest extent permitted by law, VIV RX and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Services — even if we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Services is limited to the greater of (a) the amount you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Important carve-outs. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded. In particular, this Section does not apply to:

• death or personal injury caused by negligence;
• the professional liability of a Provider or a Pharmacy for their own professional services, or any claim for medical malpractice;
• fraud, fraudulent misrepresentation, gross negligence, or willful misconduct;
• any liability that applicable law does not permit to be limited, including rights under state consumer-protection statutes.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of Sections 14 and 15 may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless VIV RX and its officers, directors, employees, and agents from claims, damages, losses, liabilities, and reasonable legal fees arising out of (a) your breach of these Terms, (b) information you provided that was false, misleading, or incomplete, (c) your use or misuse of medication, including use contrary to a Provider's instructions or sharing medication with another person, or (d) your violation of law or of another person's rights. We may assume the exclusive defence of any matter subject to indemnification, at your expense, and you agree to cooperate.

17. Dispute resolution, arbitration, and class-action waiver

Please read this Section carefully — it affects your legal rights.

(a) Talk to us first. Before starting a formal proceeding, you agree to contact us at support@vivrx.com with a written description of your claim and to allow sixty (60) days for us to try to resolve it informally. This step is a condition precedent to arbitration, and the limitations period is tolled while it runs.

(b) Arbitration. If we cannot resolve the dispute informally, you and VIV RX agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator may award any relief a court could award on an individual basis, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

(c) Class-action waiver. You and VIV RX agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court, and the rest of this Section will remain in force.

(d) Your right to opt out. You may reject this arbitration provision by emailing support@vivrx.com with your name, the email on your account, and a clear statement that you opt out of arbitration, within thirty (30) days of first accepting these Terms. Opting out will not affect any other part of these Terms, and we will not retaliate.

(e) Exceptions. This Section does not apply to: (i) claims that may be brought in small-claims court; (ii) requests for injunctive relief to stop infringement or misuse of intellectual property; or (iii) claims for medical malpractice or for death or personal injury, which are not subject to this arbitration provision.

(f) Costs and location. Arbitration fees will be allocated under the AAA rules and applicable law. Arbitration will take place in the federal judicial district where you live, or remotely, at your election.

18. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, except to the extent that federal law or the mandatory consumer-protection law of your state of residence applies. Where a dispute is not subject to arbitration under Section 17, you and VIV RX agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and waive any objection to venue there. Nothing in this Section deprives you of the protection of the consumer-protection laws of your home state.

19. Termination

You may stop using the Services and cancel your plan at any time under Section 8. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we suspect fraud or unlawful use, if a Provider determines continued treatment is unsafe, or if we discontinue the Services. On termination, Sections 1, 2, 5, 9, and 12 through 20 survive. Termination does not affect any care relationship you have with a Provider or your right to your medical records.

20. Changes to these Terms

We may update these Terms. If a change is material, we will give you reasonable advance notice — by email or through the Services — before it takes effect, and we will update the “Last updated” date above. Changes are prospective only. Continuing to use the Services after a change takes effect means you accept the updated Terms; if you do not accept them, cancel your plan and stop using the Services.

21. General

• Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the rest remains in force.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including drug shortages, supply-chain failures, and regulatory action.
• Entire agreement. These Terms, together with the Refund Policy, Privacy Policy, Notice of Privacy Practices, California Privacy Notice, and Telehealth Informed Consent, are the entire agreement between you and VIV RX regarding the Services.
• Notices. Legal notices to us may be sent to Viv Health, Inc., 3310 W Braker Lane, Suite 300-123, Austin, TX 78753, United States, or support@vivrx.com.

22. Contact us

Questions about these Terms: support@vivrx.com, or Viv Health, Inc., 3310 W Braker Lane, Suite 300-123, Austin, TX 78753, United States. For questions about your treatment, email support@vivrx.com and your care team will follow up.

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