Nova Lab Clinic — Term of Service

TERMS OF SERVICE

NOVALAB HUMAN PERFORMANCE CLINIC LLC

https://novalab.clinic

Last Updated: December 2024

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Patient,” “you,” or “your”) and NOVALAB HUMAN PERFORMANCE CLINIC LLC, a Texas limited liability company doing business as Nova Lab Clinic (“Company,” “Clinic,” “we,” “us,” or “our”).

BY CHECKING THE ACCEPTANCE BOX, CLICKING “I AGREE,” CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING OUR WEBSITE (https://novalab.clinic), patient portal, mobile applications, telehealth services, or any other services we provide (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. Your electronic acceptance constitutes a legally binding agreement equivalent to a handwritten signature.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

1.2 Capacity to Contract

By using our Services, you represent and warrant that:

You are at least 18 years of age
You have the legal capacity to enter into binding agreements
You are not prohibited from using the Services under applicable law
You will provide accurate, current, and complete information

2. DESCRIPTION OF SERVICES

2.1 Healthcare Services

Nova Lab Clinic provides personalized health optimization, wellness consulting, and medical services including but not limited to:

Telehealth consultations with licensed healthcare providers
Peptide therapy and hormone optimization protocols
Metabolic health assessment and support
Laboratory testing coordination and interpretation
Prescription services through licensed compounding pharmacies
Ongoing patient monitoring and follow-up care

2.2 Telehealth Services

Our telehealth services enable remote healthcare consultations via video, audio, or messaging. By using telehealth services, you acknowledge:

Telehealth consultations are not a substitute for emergency care or in-person examination when clinically necessary
Technical issues may occasionally affect service quality or availability
You are responsible for ensuring a private, secure environment during consultations
Telehealth may have limitations in diagnosis and treatment compared to in-person care

2.3 Geographic Limitations

Our Services are available only in states where our providers are licensed to practice. By using our Services, you confirm that you are located in a jurisdiction where we are authorized to provide care.

3. MEDICAL DISCLAIMER

IMPORTANT MEDICAL NOTICE:

The information and services provided by Nova Lab Clinic are for informational, wellness, and preventive health purposes. Our Services are not intended to replace the advice, diagnosis, or treatment of a qualified primary care physician or specialist.
You should not disregard or delay seeking professional medical advice because of information received through our Services.
In case of a medical emergency, call 911 or go to the nearest emergency room immediately. Our Services are not designed for emergency medical situations.
Treatment outcomes vary by individual. We make no guarantees regarding the effectiveness of any treatment or the achievement of any particular result.
Some treatments may be considered investigational, off-label, or experimental. Your provider will discuss this with you before treatment.

4. USER ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features of our Services, you must create an account. When registering, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the confidentiality of your login credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account. We recommend using strong, unique passwords and enabling multi-factor authentication where available.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for:

Violation of these Terms or other applicable policies
Fraudulent, abusive, or illegal conduct
Non-payment of fees
Providing false or misleading information
Any other reason at our sole discretion

5. USER RESPONSIBILITIES AND CONDUCT

5.1 Patient Obligations

As a user of our Services, you agree to:

Provide complete and truthful medical history and health information
Disclose all medications, supplements, and substances you are taking
Follow treatment protocols and medical advice as prescribed
Attend scheduled appointments and complete required follow-ups
Report adverse reactions or side effects promptly
Pay for services in accordance with agreed terms
Not share, transfer, sell, or redistribute prescribed medications

5.2 Prohibited Conduct

You agree not to:

Use the Services for any unlawful purpose or in violation of these Terms
Impersonate any person or entity or misrepresent your affiliation
Provide false, misleading, or inaccurate information
Attempt to gain unauthorized access to our systems or accounts
Interfere with or disrupt the Services or servers
Transmit viruses, malware, or other harmful code
Harvest or collect user information without authorization
Use automated systems (bots, scrapers) to access the Services
Violate any applicable laws or regulations
Engage in harassment, abuse, or threatening behavior toward staff

6. FEES, PAYMENT, AND REFUNDS

6.1 Service Fees

You agree to pay all fees associated with your use of the Services at the rates in effect at the time of purchase. Fees may include consultation fees, treatment costs, laboratory testing, prescription medications, and other related charges.

6.2 Payment Terms

Payment is due at the time of service unless otherwise arranged
We accept major credit cards, debit cards, and other payment methods as indicated
All fees are quoted in U.S. dollars
You authorize us to charge your payment method for all services rendered

6.3 Insurance

Our Services are generally not covered by health insurance. You are responsible for full payment regardless of insurance status. We do not submit claims to insurance companies on your behalf.

6.4 Refund Policy

Consultation fees are generally non-refundable once the consultation has occurred
Prescription medications and compounded products cannot be returned or refunded once dispensed
Refund requests must be submitted in writing within 30 days of the transaction
Refunds, if granted, will be issued to the original payment method
We reserve the right to deny refunds for services already rendered

6.5 Price Changes

We reserve the right to modify our fees at any time. Price changes will not affect services already purchased but will apply to future transactions.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All content, materials, software, designs, logos, trademarks, and other intellectual property associated with the Services (collectively, “Content”) are owned by or licensed to Nova Lab Clinic and are protected by U.S. and international intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

Modify, reproduce, or distribute any Content
Use the Services for commercial purposes without authorization
Remove any copyright, trademark, or proprietary notices
Create derivative works based on our Content

7.3 User-Generated Content

If you submit content through our Services (e.g., feedback, testimonials, health information), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content as necessary to provide the Services. You retain all ownership rights in your content.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF NON-INFRINGEMENT
WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOVA LAB CLINIC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

8.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nova Lab Clinic, its owners, officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Services
Your violation of these Terms
Your violation of any rights of a third party
Your violation of any applicable law or regulation
Any content you submit through the Services
Your failure to provide accurate medical information
Your misuse or redistribution of prescribed medications

10. DISPUTE RESOLUTION

10.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us and attempt to resolve any dispute informally. Most concerns can be resolved through direct communication.

10.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in Bexar County, Texas, unless you and we agree otherwise. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.

10.4 Waiver of Jury Trial

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

10.5 Time Limitation

Any claim arising from or relating to these Terms or the Services must be filed within one (1) year after the cause of action arose, or such claim shall be forever barred.

11. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any litigation not subject to arbitration shall be conducted exclusively in the state or federal courts located in Bexar County, Texas, and you consent to the personal jurisdiction of such courts.

12. TERMINATION

12.1 Termination by User

You may stop using the Services at any time. To close your account, please contact us at the information provided below. Account closure does not eliminate your obligation to pay for services already rendered.

12.2 Termination by Company

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include violation of these Terms, non-payment, abusive conduct, or any other reason at our sole discretion.

12.3 Effects of Termination

Upon termination:

Your right to access the Services will cease immediately
We may delete your account and associated data, subject to legal retention requirements
Provisions that by their nature should survive will remain in effect (including Limitation of Liability, Indemnification, and Dispute Resolution)

13. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

Posting updated Terms on our website with a new “Last Updated” date
Email notification to registered users
Prominent notice on our Services

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Informed Consent, and any other policies incorporated by reference, constitute the entire agreement between you and Nova Lab Clinic regarding the Services.

14.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision in the future.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, pandemics, acts of government, terrorism, labor disputes, or technical failures.

14.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to the contact information below.

15. CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us:

NOVALAB HUMAN PERFORMANCE CLINIC LLC

10 Dominion Dr, Suite 2201

San Antonio, TX 78257

Phone: (210) 954-5729

Email: legal@novalab.clinic

Website: https://novalab.clinic