Terms and Conditions of Use

Date of Last Revision: March 26, 2026

Luminous Medical Solutions LLC, doing business as Priveya

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION (SECTION 19), CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE PRIVEYA’S SERVICES FOR EMERGENCY CARE.

PRIVEYA’S SERVICES FACILITATE ACCESS TO INDEPENDENT LICENSED HEALTHCARE PROVIDERS. PRIVEYA DOES NOT PRACTICE MEDICINE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES, OR TREATMENT.

THESE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS. BY USING THE SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY.

Introduction

Luminous Medical Solutions LLC, doing business as Priveya (“Priveya,” “we,” “us,” or “our”), owns and operates the website located at www.priveya.com, its associated mobile applications (if any), and all related digital services (collectively, the “Services”). In these Terms and Conditions of Use (“Terms”), the words “you” and “your” refer to the individual accessing or using the Services.

These Terms describe your rights and responsibilities with respect to the Services. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms, our Privacy Policy, and all applicable laws and regulations. In using certain portions of the Services, you may encounter additional or supplemental terms applicable to specific features, which are incorporated herein by reference.

BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN. YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.

Services Overview, Availability, and Eligibility

Overview of the Services

The Services may include, without limitation: (i) providing individuals with health information, resources, and educational content; (ii) providing technology-oriented tools to help individuals address certain health concerns; (iii) gathering, developing, and retaining health records and health information for use in healthcare provider consultations and communications; (iv) administrative support in connection with scheduling, intake processing, and payment for healthcare provider services; (v) telecommunications infrastructure supporting asynchronous consultations and live video visits with independent licensed healthcare providers; and (vi) coordination and facilitation of at-home lab sample collection kit ordering and outpatient lab test ordering through third-party laboratories, including licensed third-party reference laboratories.

Service Categories

Priveya currently facilitates access to independent healthcare providers for consultations related to, but not limited to:

Weight management (including evaluation for GLP-1 receptor agonist medications)
Sexual health, including testing, screening, and treatment for sexually transmitted infections and diseases (STI/STD)
Non-narcotic, non-controlled prescription refill management
Women’s health, including hormonal health, contraception, and reproductive wellness
Emergency contraception
At-home laboratory testing (self-collected sample kits shipped to your address)
Outpatient laboratory testing facilitated through licensed reference laboratory partners

This list is subject to change. Priveya reserves the right to add, modify, or discontinue any service at any time without prior notice, except as required by law.

Availability

The Services are intended solely for individuals located within the United States. Priveya makes no representation that the Services are appropriate or available for use outside the United States. Certain Services may be available only in specific states based on applicable telehealth laws, Provider licensure, and regulatory requirements. You will be notified if a particular Service is unavailable in your jurisdiction at the time of use.

Access to the Services requires a compatible device, a reliable internet connection, and any necessary software. Standard data rates and charges from your telecommunications provider may apply.

Eligibility

To use the Services, you must satisfy, and by using the Services you represent and warrant that you satisfy, all of the following requirements:

You are at least 18 years of age. Certain Services may require you to be at least 21 years of age, and you will be notified of such requirements.
You are physically located in a state in which Priveya operates at the time you access the applicable Services.
You have the legal capacity to enter into a binding contract under applicable law.
You agree to be legally bound by and comply with these Terms in their entirety.
You will provide truthful, accurate, complete, and current information to Priveya and to all healthcare Providers.

Satisfaction of the above eligibility requirements does not guarantee that you will receive any particular Service. Priveya and its affiliated professional entities reserve the right to impose additional requirements or to decline to provide Services to any individual at any time, in their sole and absolute discretion and without prior notice, to the extent permitted by applicable law.

Telehealth and At-Home and Outpatient Lab Testing Services

Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a licensed healthcare provider and a patient who are not in the same physical location. Telehealth services facilitated through Priveya may include, but are not limited to:

Asynchronous consultations: You complete a detailed health intake questionnaire and a licensed healthcare Provider reviews your submission and communicates a response, assessment, and/or treatment recommendation through the secure platform, without being simultaneously present.
Live video visits: You participate in a real-time, synchronous video consultation with a licensed healthcare Provider.

The electronic systems used in the Services incorporate network and software security protocols designed to protect the privacy and security of health information and to safeguard your data against unauthorized access or corruption. By accepting these Terms, you agree and consent to Priveya, affiliated physician practices, healthcare Providers contracted with or employed by affiliated physician practices, and any other healthcare organization(s) or Provider(s) with whom we partner to provide Services sending you disclosures, notices, messages, reports, and other communications electronically, including through your account or by email. It is your responsibility to monitor these communications.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD PRIVEYA, ANY AFFILIATED PHYSICIAN PRACTICE, ANY HEALTHCARE PROVIDER, OR ANY HEALTHCARE ORGANIZATION PARTNER LIABLE FOR ANY LOSS, INJURY, OR CLAIM OF ANY KIND RESULTING FROM YOUR FAILURE TO READ OR ACT ON THESE COMMUNICATIONS, INCLUDING ANY TREATMENT RECOMMENDATIONS CONTAINED THEREIN.

You further acknowledge that no method of electronic transmission is guaranteed to be 100% secure. By accessing or using the Services, you consent to Priveya transmitting health and other information to you electronically, and you agree that any information sent to or signed by you or us electronically shall be deemed equivalent to information provided or signed in writing.

Please review our Telehealth Informed Consent, which is hereby incorporated by reference into these Terms and constitutes a part of these Terms.

Your Relationship with Priveya

Priveya does not provide medical services. Priveya is a technology platform that facilitates your access to independent, licensed healthcare Providers who are contracted with or employed by Priveya’s affiliated physician practices. Priveya does not employ Providers in their clinical capacity, does not supervise or direct clinical decision-making, and does not practice medicine. All clinical decisions, diagnoses, treatment recommendations, and prescribing are made exclusively by independent licensed Providers exercising their own professional judgment.

The health, wellness, and educational resources available through the Services are for informational purposes only and are not a substitute for in-person care in all cases, nor are they an indicator of specific results. The decision to pursue a diagnosis or a particular treatment rests with you and your Provider. By consulting with a Provider through the Services, you are not entering into a provider-patient relationship with Priveya itself.

Except for specific clinical communications received from a Provider through the platform, nothing you receive through the Services constitutes medical advice. Priveya expressly disclaims any responsibility for the accuracy, completeness, or appropriateness of information you access through the Services other than information that is the direct output of an affiliated Provider’s clinical consultation with you.

At-Home Lab Testing Services

At-home sample collection kits available through the Services are fulfilled through partnerships with third-party laboratories and, where required, through a licensed reviewing healthcare provider (“Reviewing Provider”) who is licensed in your state. By requesting at-home lab testing services, you understand and agree that:

At-home testing services facilitated through Priveya are intended for informational, educational, and wellness purposes and are not, by themselves, intended to be diagnostic. Results should be reviewed with a qualified healthcare provider.
You do not establish a provider-patient relationship with the Reviewing Provider solely as a result of a Provider ordering or reviewing a lab test.
You are required to follow the instructions accompanying your kit precisely, including kit registration, sample collection, documentation completion, and sample return. Failure to follow instructions may result in your sample not being processed.
Laboratory results will be transmitted to the applicable Provider and made available to you through the Services. Turnaround times are estimated and not guaranteed.
Priveya is not the laboratory and does not perform testing. Priveya is not responsible for laboratory errors, processing delays, or specimen rejection.

Outpatient Lab Testing Services

For outpatient lab testing through licensed reference laboratory partners, the following applies:

A licensed healthcare Provider must authorize and issue a lab order before outpatient testing can occur.
You are responsible for presenting your lab requisition at the designated laboratory collection site and for complying with all laboratory collection requirements.
Results will be transmitted to the ordering Provider and made available to you through the Services. Priveya is not responsible for laboratory errors, specimen collection issues, insurance or billing disputes with the laboratory, or delays caused by the laboratory.
Outpatient labs may have their own terms, policies, and fee schedules. Your visit to any third-party lab facility is subject to that facility’s terms and conditions.

Your Financial Responsibility for Services; No Insurance Billing

Priveya is a cash-pay, self-pay platform. By choosing to use the Services, you are specifically and knowingly choosing to obtain healthcare products and services on a cash-pay basis, outside of any commercial health insurance plan, or federal or state healthcare program. You are solely responsible for the cost of any services or products provided to you through the Services.

Priveya and its affiliated physician practices do not accept commercial health insurance, are not in-network with any commercial health insurance plan, and are not enrolled in any federal or state healthcare programs, including Medicare and Medicaid.

By accessing or using the Services, you expressly agree that:

You will not seek payment or accept reimbursement, directly or indirectly, from any insurance plan or third-party payer including any federal or state healthcare program for any services or products purchased through Priveya, regardless of whether the payer would otherwise cover such services or products;
If you are a federal healthcare program beneficiary (including Medicare or Medicaid), you agree that neither you, Priveya, any affiliated physician practice, nor any contracted healthcare organization or Provider will submit a claim for reimbursement to any federal or state healthcare program for services or products provided to you through the Services;
You will not apply amounts paid to Priveya toward any insurance deductible or out-of-pocket maximum; and

If you are enrolled in Medicare Part D, you will not apply any amount paid to Priveya for any service, product, or associated cost toward your Medicare Part D true out-of-pocket (“TrOOP”) costs.

Insurance Assistance for Certain Brand-Name Medications

While Priveya does not bill insurance, patients who receive prescriptions for certain brand-name medications including, without limitation, GLP-1 receptor agonist medications such as Ozempic®, Wegovy®, Zepbound®, Mounjaro®, and similar brand-name drugs may independently contact their own health insurance carrier to seek coverage or reimbursement for those medications from their pharmacy. This is entirely at your discretion and initiative. Priveya does not facilitate, guarantee, or represent that any insurance plan will cover any medication or service. Priveya is not responsible for any insurance coverage determination, prior authorization outcome, or reimbursement denial. Any arrangement with your insurer regarding medications dispensed through a pharmacy of your choice is solely between you and your insurer.

HSA/FSA Eligible Services

Certain services and products available through Priveya may qualify as eligible medical expenses under a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”) as defined by the Internal Revenue Code. HSA/FSA eligibility determinations are governed by applicable IRS rules and the terms of your individual account plan.

PRIVEYA DOES NOT GUARANTEE THAT ANY SPECIFIC SERVICE, PRODUCT, OR PAYMENT WILL QUALIFY AS AN ELIGIBLE HSA OR FSA EXPENSE. It is your sole responsibility to determine whether a particular service or product qualifies for HSA/FSA reimbursement under the terms of your plan and applicable tax law. Priveya recommends consulting with a tax advisor or your HSA/FSA plan administrator before submitting any claim. Priveya is not liable for any disallowed HSA/FSA claims or related tax consequences.

Priveya will provide itemized receipts upon request, which you may submit to your HSA/FSA administrator. The issuance of a receipt does not constitute a representation that the expense qualifies under your plan.

Registration and Account Creation

Certain features of the Services require you to create a Priveya account. By creating an account, you agree to:

Provide information that is truthful, accurate, complete, and current;
Promptly update your account information to keep it accurate and current;
Maintain the confidentiality of your login credentials and not share your password with any third party;
Exit your account at the end of each session;
Accept full responsibility for all activities conducted under your account, whether or not authorized by you; and
Immediately notify Priveya at support@priveya.com of any unauthorized use of your account, password, or any other security breach involving the Services.

You may not create more than one account, transfer or share your account or credentials, or use another person’s account at any time.

Priveya may, in its sole discretion and without prior notice, suspend or terminate your account or restrict your access to the Services if we believe you have violated these Terms, provided false or misleading information, or if we have reason to believe your account has been compromised or is being used in an unauthorized manner.

Our applications and platform are intended for use on devices running unmodified, manufacturer-approved operating systems. Use of the Services on a device with a modified operating system (e.g., jailbroken or rooted devices) may undermine security protections designed to safeguard your Protected Health Information (PHI) and other sensitive data. Such use constitutes a material breach of these Terms, and Priveya explicitly disclaims liability for any loss, disclosure, or compromise of information arising from such use.

Priveya explicitly disclaims liability for all losses and damages arising from your failure to comply with the security obligations in this Section.

Privacy and Health Information

Priveya takes the confidentiality and security of your health information seriously. Please review our Privacy Policy carefully for information about how we collect, use, protect, and share your personal information, including Protected Health Information (PHI) under HIPAA, Consumer Health Data under applicable state health data privacy laws (including the Washington My Health MY Data Act), and other sensitive data.

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

To the extent Priveya or its affiliated physician practices operate as Covered Entities or Business Associates under HIPAA, your PHI is also governed by our HIPAA Notice of Privacy Practices, which is provided to you at account creation and available on request.

Ownership and License to Use the Services

Ownership

As between Priveya and you, Priveya is the sole and exclusive owner of all right, title, and interest in and to the Services and all content, features, functionality, information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel thereof (“Services Content”). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or otherwise exploit in any way, in whole or in part, any of the Services or Services Content except as expressly permitted by these Terms or by Priveya in writing.

Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by Priveya or its licensors, including all intellectual property rights therein. You may not use any part of the Services for any commercial purpose.

Certain names, logos, and other materials displayed through the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of Priveya or its affiliates. You are not authorized to use any such Marks without the prior express written permission of Priveya.

Your License

Subject to your full compliance with these Terms, Priveya hereby grants you a personal, limited, revocable, non-exclusive, and non-transferable right to access and use the Services and Services Content solely for your own personal, non-commercial healthcare-related purposes, and only as permitted under these Terms and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you. All rights not expressly granted herein are reserved by Priveya or its licensors.

User Content and License

Except as provided in our Privacy Policy or as governed by applicable federal and state health information privacy laws, you understand and agree that any information you provide through the Services, whether by direct entry, form submission, email, or otherwise, including data, questions, comments, feedback, or suggestions (“User Content”) may be treated as non-confidential and non-proprietary to the extent permitted by applicable law, and becomes the property of Priveya and/or its affiliated physician practices or healthcare Providers.

To the extent permitted by applicable law and subject to our Privacy Policy, User Content may be used by Priveya for any lawful purpose, including reproduction, disclosure, transmission, publication, and posting. You hereby grant Priveya, its service providers, successors, assigns, affiliated healthcare Providers, and affiliated physician practices a fully transferable and sublicensable right and license to use, reproduce, modify, analyze, display, distribute, and otherwise disclose to authorized third parties any data or information you submit through the Services for the following purposes: (i) providing, operating, maintaining, and improving the Services; (ii) conducting internal research, analysis, and quality improvement, including using de-identified or aggregated data for population health insights; (iii) designing, developing, and improving new features, products, and services.

PRIVEYA DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY USER CONTENT, NOR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM RELIANCE ON USER CONTENT.

You acknowledge that Priveya may access, monitor, preserve, and disclose your information and User Content if required or permitted to do so by applicable law, or if reasonably necessary to: (1) comply with legal process or applicable law; (2) enforce these Terms or our other agreements; (3) respond to claims that content violates third-party rights; (4) respond to your customer service requests; or (5) protect the rights, property, or safety of Priveya, its affiliates, users, or the public.

Copyright Notices (DMCA)

Priveya respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, et seq. If you believe that content accessible through the Services infringes your copyright, please send a written notice to our Designated Copyright Agent containing all of the following:

An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work claimed to have been infringed;
A description of the material you claim is infringing and its location on the Services;
Your contact information (address, telephone number, and/or email address);
A good-faith statement that the use of the material is not authorized by the copyright owner, its agent, or the law; and
A signed statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Priveya reserves the right to remove any content from the Services at any time, for any reason, without prior notice.

Restrictions on Use

You agree that in accessing or using the Services, you will not, and will not attempt to:

Provide false, inaccurate, misleading, or incomplete health information, identity information, or payment information to Priveya or to any healthcare Provider;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
Violate any local, state, national, or international law or regulation, including applicable healthcare, privacy, and telehealth laws;
Reverse engineer, disassemble, decompile, or otherwise attempt to extract or derive source code or underlying algorithms from any part of the Services;
Upload, transmit, or otherwise distribute any virus, malware, Trojan horse, ransomware, spyware, or any other harmful or malicious code that could damage, disable, impair, or otherwise harm the Services, Priveya’s systems, or any user’s device;
Access or use the Services in any manner that infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, or other legal right of any third party;
Use any robot, spider, crawler, scraper, or other automated means to access, collect data from, or interact with the Services without Priveya’s express prior written permission;
License, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Services, Services Content, or User Content;
Create, develop, or contribute to any competing product or service, or use the Services for any purpose that is to Priveya’s detriment or commercial disadvantage;
Post, transmit, or disseminate any content that is unlawful, harmful, harassing, abusive, threatening, defamatory, obscene, hateful, violent, discriminatory, or otherwise objectionable, as determined by Priveya in its sole discretion;
Harm, harass, threaten, abuse, intimidate, defame, or discriminate against any healthcare Provider or other user;
Attempt to gain unauthorized access to any part of the Services, other user accounts, or Priveya’s systems or networks;
Bypass, breach, or circumvent any security measure or access control implemented by Priveya;
Remove, alter, or obscure any copyright notice, trademark, or other proprietary notice from the Services or any Services Content;
Transmit unsolicited commercial communications (spam) or engage in any form of phishing;
Seek prescription medications for which you have provided false or misleading clinical information; or
Encourage or assist any other individual to engage in any of the foregoing prohibited activities.

Any violation of this Section may result in immediate suspension or termination of your account and access to the Services, and may subject you to civil and/or criminal liability.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

PRIVEYA AND ITS AFFILIATES, AFFILIATED PHYSICIAN PRACTICES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, “PRIVEYA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR SYSTEM INTEGRATION.

PRIVEYA PARTIES MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. PRIVEYA DOES NOT WARRANT OR GUARANTEE ANY SPECIFIC HEALTH OUTCOME FROM USE OF THE SERVICES OR FROM CARE PROVIDED BY ANY PROVIDER.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NO PRIVEYA PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, AND RELIABILITY OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIVEYA OR ANY PRIVEYA PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES; PERSONAL OR BODILY INJURY OR DEATH; EMOTIONAL DISTRESS; SERVICE INTERRUPTION; OR COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES; (II) ANY SERVICES CONTENT OR USER CONTENT; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (IV) ANY CLINICAL DECISION, DIAGNOSIS, TREATMENT RECOMMENDATION, OR PRESCRIPTION MADE BY AN INDEPENDENT PROVIDER; OR (V) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF PRIVEYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF PRIVEYA AND THE PRIVEYA PARTIES TO YOU FOR ALL CLAIMS, DAMAGES, AND CAUSES OF ACTION, IN THE AGGREGATE, EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100.00); OR (II) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PRIVEYA IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

Some jurisdictions do not permit the exclusion of certain implied warranties or the limitation of certain types of damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you. To the extent applicable law restricts the above limitations, they shall apply to the maximum extent permitted by law.

THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PRIVEYA AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THESE LIMITATIONS ARE REASONABLE AND ENFORCEABLE.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Priveya, Luminous Medical Solutions LLC, their affiliates, affiliated physician practices and professional entities, subsidiaries, and all of their respective directors, officers, managers, members, employees, contractors, representatives, agents, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, actions, proceedings, demands, damages, settlements, judgments, losses, liabilities, obligations, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, court costs, and accounting fees arising out of, relating to, or alleged to arise from:

Your access to or use of the Services, or use of the materials, features, or Services Content available through the Services in an unauthorized or improper manner;
Your violation of these Terms, the Privacy Policy, or any other agreement you have entered into with Priveya;
Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or healthcare law;
Any inaccurate, incomplete, false, or misleading information you provide to Priveya or to any healthcare Provider;
Your fraud, negligence, willful misconduct, or bad faith; or
Any dispute between you and any third party arising out of your use of the Services.

Priveya reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Priveya’s defense. You may not settle any claim covered by this indemnification obligation without Priveya’s prior written consent.

Third-Party Links and Features

The Services may contain links, integrations, or features operated by third parties, including laboratory partners, pharmacy networks, payment processors, and other service providers (“Third-Party Services”). These Third-Party Services are not under Priveya’s control, and Priveya is not responsible for their content, accuracy, privacy practices, or availability. The inclusion of any link to a Third-Party Service does not constitute an endorsement by Priveya. Your use of any Third-Party Service is at your own risk and is governed by that third party’s terms and policies.

Priveya is not a party to any transaction between you and a third-party provider, laboratory, or pharmacy, and is not liable for any loss, error, or harm arising from such transactions. Any disputes with third parties must be resolved directly with those parties.

If you arrive at the Services through a third-party website or service, your use of the Services is governed solely by these Terms, regardless of the terms of that third-party site.

Changes to These Terms and the Services

Priveya reserves the right to update, modify, or replace any portion of these Terms at any time and in its sole discretion. We will provide notice of material changes by posting the revised Terms on the Services and updating the “Date of Last Revision” at the top of this document. For material changes, we will endeavor to provide reasonable advance notice by email or in-platform notification.

Any changes to these Terms are effective upon posting to the Services unless applicable law requires additional notice. YOUR CONTINUED USE OF THE SERVICES AFTER ANY CHANGE HAS BEEN POSTED CONSTITUTES YOUR BINDING ACCEPTANCE OF THE REVISED TERMS. If you do not agree to the revised Terms, you must immediately discontinue use of the Services.

Priveya also reserves the right to modify, suspend, or permanently discontinue the Services or any portion thereof, at any time and without prior notice. Priveya shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services. You acknowledge that the Services may be unavailable from time to time for maintenance, upgrades, or technical issues, and Priveya shall not be liable for any such unavailability.

Payments, Fees, and Refunds

You agree to pay all fees and charges due for Services requested, as displayed to you at or before checkout. Prices are subject to change at any time at Priveya’s sole discretion, with changes applying prospectively to new transactions.

By entering your payment information and submitting a request, you authorize Priveya, its affiliates, or its third-party payment processors to charge the amount due for your selected Services. Your payments to Priveya may include fees charged by affiliated physician practices and healthcare Providers for clinical services, which Priveya collects on their behalf.

You understand and agree that you are solely responsible for all fees incurred for services you request through the Services. You are responsible for keeping your payment information (including card number, expiration date, and billing address) accurate and up to date. Priveya and its affiliated Providers are not obligated to provide any service unless and until full payment has been received and verified.

Refunds

EXCEPT AS EXPRESSLY SET FORTH BELOW OR IN ANY WRITTEN REFUND POLICY PROVIDED TO YOU THROUGH THE SERVICES, ALL FEES AND CHARGES ARE NON-REFUNDABLE ONCE PAID. YOU ARE FULLY LIABLE FOR ALL CHARGES MADE TO YOUR ACCOUNT.

The following exceptions apply:

If your payment method has been charged and you are subsequently determined to be ineligible for treatment, or your treatment request is rejected for clinical reasons, you will automatically receive a full refund. Refunds may take 5 to 10 business days to process.
If a treatment request expires because required onboarding steps were not completed, and your payment method has already been charged, you will be automatically refunded. To receive Services, you must submit a new request.
If a Provider proposes an alternative treatment plan and you accept it after your payment method has been charged, your initial charge will be refunded, and a new charge for the alternative plan will be applied. If you take no action, your request may expire and be automatically refunded.

Nothing in this Section limits any rights you may have under applicable consumer protection laws.

Termination

These Terms remain in full force and effect for as long as you access or use the Services. You may terminate these Terms at any time by permanently discontinuing all use of the Services and deleting your account.

Priveya may, without prior notice and in its sole discretion, suspend or terminate your account and access to the Services for any reason, including but not limited to violation of these Terms, fraudulent, abusive, or unlawful conduct, or inactivity. Upon termination, all licenses granted to you under these Terms immediately terminate.

The following provisions survive the expiration or termination of these Terms for any reason: Sections 6 (Privacy), 7 (Ownership), 8 (User Content), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 18 (Governing Law), 19 (Dispute Resolution), and 22 (Miscellaneous Terms).

After termination, Priveya has no further obligation to provide Services to you, except to the extent an affiliated professional entity is legally required to provide access to your health records or to provide continuing care under applicable professional or ethical obligations. You agree not to attempt to access or use the Services following termination, and agree to indemnify Priveya for any harm arising from a violation of this restriction.

Governing Law; Severability

Governing Law

These Terms and your use of the Services are governed by the laws of the State of Delaware, without giving effect to any conflict of law principles that would result in the application of another jurisdiction’s law. To the extent court proceedings are permitted under these Terms, exclusive jurisdiction for all non-arbitrable disputes lies in the state and federal courts located in the State of Delaware, and you consent to personal jurisdiction and venue in those courts.

Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The invalidity of any provision does not affect the validity or enforceability of the remaining provisions, which continue in full force and effect. Section headings are provided for convenience only and have no legal effect.

Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR ABILITY TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE PROCEEDING.

19.1 Informal Dispute Resolution (Prerequisite)

Before initiating any formal legal or arbitration proceeding, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy informally. The party initiating a dispute must first send a written description of the dispute to the other party.

To initiate informal dispute resolution against Priveya, you must send (a) a written description of the dispute and (b) the email address associated with your account to: disputes@priveya.com. The written description must be on an individual basis and must include, at minimum: your full name; a description of the nature and basis of the claim; and the specific relief requested.

If the dispute is not resolved within sixty (60) days of receipt of the written description, either party may then initiate formal arbitration as set forth below. Good-faith participation in the informal dispute resolution process is a mandatory prerequisite to initiating arbitration. Failure to engage in this process may result in an award of attorneys’ fees against the non-complying party. Any applicable statute of limitations will be tolled during this period.

19.2 Binding Arbitration Agreement

After completion of the informal dispute resolution process under Section 19.1, and only if those efforts are unsuccessful, either party may initiate binding arbitration as set forth in this Section.

(a) Mutual Arbitration Agreement. Except as set forth in Section 19.3, you and Priveya agree that all claims, disputes, or controversies arising out of or relating to these Terms, the Services, your use of the Services, or the relationship between you and Priveya, including but not limited to claims arising under contract, tort, statute, fraud, misrepresentation, or any other legal theory shall be resolved exclusively through final, binding individual arbitration. This Arbitration Agreement is intended to be interpreted as broadly as possible and applies to claims that arose before, during, or after the existence of this Agreement.

The arbitrator shall have authority to award all relief that would be available in a court of law or equity on an individual basis, subject to the limitations of liability set forth in these Terms.

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., in all respects. You and Priveya agree that the FAA governs the interpretation and enforcement of this provision.

(b) Waiver of Jury Trial. YOU AND PRIVEYA EACH VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES UNDERSTAND THAT ARBITRATION USES AN ARBITRATOR INSTEAD OF A JUDGE OR JURY, THAT DISCOVERY AND APPEAL RIGHTS MAY BE LIMITED, AND THAT ARBITRATION COSTS MAY IN SOME INSTANCES EXCEED THE COSTS OF LITIGATION.

(c) Class Action and Collective Relief Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PRIVEYA AGREE THAT ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL’S CLAIM. YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE OR PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION RELATING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT. If a court of competent jurisdiction finds this class action waiver unenforceable as to any particular claim or remedy, that claim or remedy may proceed in court but shall be severed and stayed pending arbitration of all remaining claims.

(d) Arbitration Location and Procedures. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time a demand is filed, as modified by this Section 19. If AAA is unavailable, the parties will mutually agree on an alternative arbitration provider. For U.S. residents, arbitration will take place in the county of your residence or, at your election, via video conference. The arbitrator’s decision will include the essential findings and conclusions supporting the award. Judgment on the award may be entered in any court of competent jurisdiction.

(e) Small Claims Exception. Notwithstanding the foregoing, either party may elect to bring an individual claim in small claims court if the claim is within that court’s jurisdictional limits and qualifies for small claims adjudication.

(f) Fees. Arbitration filing and administrative fees will be allocated in accordance with the AAA Consumer Arbitration Rules. Priveya will pay all reasonable AAA administrative and arbitrator fees for claims that do not exceed $10,000, unless the arbitrator determines your claim is frivolous. Each party is responsible for its own attorneys’ fees except where applicable law provides otherwise.

19.3 Exceptions to Arbitration

Notwithstanding Section 19.2, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending arbitration. Claims for infringement or misappropriation of patent, copyright, trademark, or trade secret rights may also be brought in court. Such court actions shall be brought in the state or federal courts in Delaware.

19.4 Thirty-Day Right to Opt Out

You have the right to opt out of the arbitration and class action waiver provisions in this Section 19 by sending a written, signed opt-out notice to disputes@priveya.com within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration. If you opt out, Priveya also will not be bound by the arbitration provision as to your claims. Opting out does not affect any other provision of these Terms.

19.5 Changes to This Section

Priveya will provide thirty (30) days’ advance notice of any material changes to this Section 19. Changes become effective on the 30th day and apply to all claims not yet filed. Your continued use of the Services after the 30th day constitutes acceptance of the revised arbitration provisions.

Communications by Text Message and Email

By creating an account or by opting in to SMS communications, you consent to receiving text (SMS) messages and emails from Priveya regarding your account and use of the Services. These communications may include appointment confirmations, consultation updates, lab result notifications, treatment reminders, platform updates, and to the extent you have separately opted in promotional or marketing messages.

By opting in to SMS communications, you represent that: (1) you are the owner or authorized user of the mobile device associated with your account; (2) you are authorized to approve applicable charges; and (3) you accept responsibility for all standard messaging and data rates that may apply.

You may opt out of marketing or promotional text messages at any time by replying “STOP” to any message received from Priveya. You may opt out of marketing emails by clicking the unsubscribe link in any marketing email or by contacting us at support@priveya.com. Access to the Services is not conditioned on your consent to receive marketing messages. Transactional and clinical communications may continue after you opt out of marketing messages.

You acknowledge that transmission of information over internet and mobile networks is not 100% secure. Unencrypted text messages and emails may be intercepted by third parties. If you choose to send or receive sensitive health or personal information via text message or email, you do so at your own risk.

Prescription Services

Where clinical consultations through the Services result in a prescription, the following terms apply:

Priveya is not a pharmacy and does not dispense medications. Prescriptions are sent to a licensed pharmacy of your choice or to a pharmacy partner. Priveya is not responsible for pharmacy errors, dispensing delays, drug availability, or insurance coverage determinations at any pharmacy.
Whether to prescribe any medication is exclusively a clinical decision made by an independent, licensed healthcare Provider. Initiating a consultation, submitting a payment, or completing an intake form does not guarantee that any prescription will be issued.
Priveya does not facilitate the prescribing of Schedule I or II controlled substances. Prescribing of Schedule III–V substances is subject to Provider discretion, applicable federal law including the Ryan Haight Online Pharmacy Consumer Protection Act, and DEA regulations.
Prescriptions for non-narcotic medications (including but not limited to hormonal contraceptives, weight management medications, and STI/STD treatments) are subject to the clinical judgment of the prescribing Provider and applicable state formulary and prescribing laws.
You are responsible for disclosing your complete medication list, supplements, and allergies to your Provider. Failure to disclose may affect the safety and appropriateness of any treatment.
Priveya may facilitate access to compounded medications through licensed 503A compounding pharmacies. Compounded medications are not FDA-approved drugs. Off-label prescribing may occur where supported by clinical evidence and with your consent.
Prescription renewals require a clinical reassessment and are not automatic.

Miscellaneous Terms

No Waiver

No failure or delay by Priveya in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any breach or default of any provision of these Terms shall be deemed a continuing waiver of such provision or a waiver of any other provision.

No Agency

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Priveya and you. You have no authority to make or accept any offers or representations on behalf of Priveya.

Equitable Relief

You agree that any violation or threatened violation of these Terms may cause irreparable harm to Priveya for which monetary damages would be inadequate. You consent to Priveya seeking injunctive or other equitable relief in any court of competent jurisdiction without the requirement to post bond or other security. These remedies are in addition to any other remedies available at law or in equity.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Priveya’s prior written consent. Any purported assignment in violation of this provision is null and void. Priveya may freely assign, transfer, or delegate its rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

California Users

If you are a California resident, you hereby waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Entire Agreement

These Terms, together with the Privacy Policy, Telehealth Consent, and any additional terms presented to you in connection with specific Services, constitute the entire agreement between you and Priveya with respect to the Services and supersede all prior and contemporaneous understandings, representations, and agreements, whether written or oral, relating to the Services.

Force Majeure

Priveya shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic or public health emergency, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, or power outages.

Contact Us

If you have questions about these Terms or the Services, please contact us:

Priveya / Luminous Medical Solutions LLC

Address: 820 S MacArthur Blvd
Ste #105-164
Coppell, TX 75019

Email: hello@priveya.com

Notice to Patients Open Payments Database

For informational purposes, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments database is available at https://openpaymentsdata.cms.gov/. The federal Physician Payments Sunshine Act requires that detailed information about payments and other transfers of value exceeding ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made publicly available. You may search this database for payments made to physicians and teaching hospitals using the link above.