Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Proveta website, mobile experience, and services (the "Service") provided by Proveta, Inc. ("Proveta", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Who we are (and who we are not)
Proveta is a technology platform and marketing brand that connects individuals with licensed healthcare providers affiliated with Proveta Medical Group, P.C. (the "Medical Group"). Proveta does not itself practice medicine, employ physicians, or provide medical advice, diagnosis, or treatment. Medical services are provided solely by the Medical Group and its independently licensed providers.
2. Eligibility
To use the Service, you must:
- Be at least 18 years of age.
- Be a resident of the United States located in a state where the Medical Group is licensed to provide care.
- Have the legal capacity to enter into a binding contract.
- Provide accurate, complete, and current information during registration and clinical intake.
- Not be prohibited from using the Service under any applicable law.
By using the Service, you represent that each of the above is true.
3. Your account
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect unauthorized access. You may not share your account with any other person.
4. Clinical assessment, prescriptions, and compounded medications
The Service includes an online intake assessment that is reviewed by a licensed provider affiliated with the Medical Group. Submission of the assessment does not guarantee a prescription. Providers exercise independent clinical judgment and may decline to prescribe if they determine it is not clinically appropriate.
All prescriptions are filled by licensed state-permitted pharmacies. Proveta does not take possession of medications and is not the dispensing pharmacy.
5. Telehealth services
The Service provides telehealth communications — including asynchronous (store-and-forward) and, where offered, synchronous (real-time) interactions — between you and licensed providers. Telehealth has inherent limitations compared to in-person care. Please review our Telehealth Informed Consent for a full description.
6. Membership, payments, and auto-renewal
Membership fees and product prices are displayed at checkout. By purchasing a membership, you authorize Proveta to charge your payment method on a recurring basis (monthly, quarterly, or otherwise as selected) at the then-current rate until you cancel. Taxes may apply.
You may cancel your membership at any time by signing in to your member portal or by emailing [email protected]. Cancellations take effect at the end of the current billing cycle. Refunds, where offered, are governed by our Refund & Cancellation Policy.
Prices may change from time to time. We will provide notice of material price changes at least 30 days before they take effect, and you may cancel before the change applies.
7. Use of the Service
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law.
- Provide false or misleading information during registration, intake, or identity verification.
- Resell, distribute, or share medication obtained through the Service.
- Reverse engineer, decompile, or attempt to extract source code from the Service.
- Access the Service using automated means (bots, scrapers) without our express written permission.
- Interfere with the security or integrity of the Service.
- Use the Service in a manner that could damage, disable, overburden, or impair the Service.
8. Intellectual property
The Service, including all content, software, design, trademarks, and logos, is owned by Proveta or its licensors and is protected by U.S. and international intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.
If you submit feedback, ideas, or suggestions to us, you grant Proveta a perpetual, worldwide, royalty-free license to use them without restriction or compensation.
9. Disclaimers
Proveta does not provide medical advice. Any health information available through the Service is for general informational purposes and is not a substitute for the medical judgment of a licensed provider.
10. Limitation of liability
OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PROVETA IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless Proveta, Proveta Medical Group, P.C., and each of their respective officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) any inaccurate or misleading information you provide during your intake.
12. Binding arbitration and class action waiver
You and Proveta agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") shall be resolved exclusively through final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, rather than in court, except that you may assert claims in small-claims court if your claim qualifies.
The arbitration will be conducted in the English language in the county where you reside, or by videoconference at the arbitrator's discretion. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND PROVETA EACH AGREE THAT DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If a court finds this class-action waiver unenforceable, then the entirety of this arbitration section shall be null and void.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with the subject line "Arbitration Opt-Out" and including your name, email address, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. You may terminate your account at any time by contacting [email protected]. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and arbitration) will survive.
14. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, any Dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced by email or through the Service at least 14 days before they take effect. Your continued use of the Service after the effective date of a revised version constitutes acceptance.
16. Miscellaneous
- Entire agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Proveta regarding the Service.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
- Waiver: No waiver of any term is a further or continuing waiver of that term or any other term.
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
- Notices: We may send notices to the email address associated with your account. Notices to us should be sent to [email protected].
17. Contact
Proveta, Inc., [Street address], [City, State ZIP]. [email protected].