PLEASE READ THESE TERMS CAREFULLY. By accessing or using https://clinivoy.com/ or any of Clinivoy LLC’s infusion services, or by clicking “I Agree,” checking a related box, or otherwise affirmatively accepting, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Agreement”) and our Privacy Policy. If you do not agree, do not use the Services.

 

MEDICAL EMERGENCY: If you have a medical emergency, call 911 or seek emergency care immediately. The Services are not appropriate for all conditions and are not a substitute for emergency care.

 

1. Introduction

Clinivoy LLC (“Clinivoy,” “we,” “us”) provides physician-led, medically supervised infusion and injection therapy at our infusion care centers and operates this website, patient portal, and related booking features (the “Services”). Clinivoy is a healthcare provider and a HIPAA covered entity. Your use of the Services is governed by this Agreement.

 

2. Acceptance; Changes

Your access and use are subject to this Agreement and all applicable laws. We may modify these Terms at any time; changes are effective when posted. If you do not agree, your sole remedy is to stop using the Services. Continued use after changes constitutes acceptance.

 

3. Relationship; No Guarantee of Outcomes

By using the Services, you may establish a provider–patient relationship with Clinivoy. We provide infusion/injection services and related care under medical supervision. You acknowledge that the Services are for the intended medical purpose, are not a substitute for your relationship with your primary care or referring provider, and that we make no guarantee of any particular outcome, efficacy, or cure. Our physicians and clinicians independently determine your care and may decline or limit services.

 

4. Eligibility; Minors

The Services are available to individuals 18 or older, or minors (13–18) with parental/guardian consent where provided for by the Services. If you are a parent/guardian consenting for a minor, you represent you have legal authority to do so. You agree to comply with all applicable laws and to use the Services only for lawful purposes. Certain therapies are subject to additional age or medical restrictions.

 

5. Insurance, Billing, and Payment

A. Dual-track coverage. Our services fall into two lines:

  1. Medical/Specialty line (e.g., specialty/biologic infusions, immunoglobulin, anti-infective therapy): insurance may apply. We accept a variety of commercial plans (PPO, HMO, POS, managed care). We verify benefits and obtain prior authorization where required. Medicare and Medicaid coverage is subject to eligibility and program rules; refer to our Medicare & Medicaid Information page.
  2. Wellness line (e.g., wellness/hydration services): insurance is NOT accepted; these are self-pay services.
 

B. Patient responsibility. You are responsible for all cost-sharing, including copays, coinsurance, deductibles, and any amounts not covered by your plan or by us. We do not bill or submit to third parties on your behalf beyond standard claims; the patient retains responsibility for their portion. Confirm your benefits and any out-of-network status with your plan.

 

C. Payments. All card and electronic transactions are processed through our payment processor, Stripe. By entering payment information and submitting a transaction, you authorize us and Stripe to charge the amount due. You are responsible for keeping your payment information current and accurate.

 

D. No-show and cancellation fees. A no-show fee of $50 applies if you fail to attend a scheduled appointment without adequate prior notice/cancellation. Membership cancellations do not incur a cancellation fee.

 

E. Refunds. Except where required by law or specifically agreed in writing, fees for medical services rendered or for missed appointments are non-refundable. We reserve the right to correct pricing errors, limit quantities, or cancel/reject orders in good faith.

 

F. Taxes and estimates. You are responsible for any applicable taxes. Estimates provided at booking are estimates only; actual charges may vary based on insurance adjudication, dosage, monitoring time, and other factors.

 

6. Prescription Drugs and Biologics (In-House and External Pharmacy)

Certain treatments require a valid prescription or order from a licensed clinician. Drugs and biologics may be dispensed in-house by Clinivoy or supplied by an external pharmacy you select. If you fill a prescription at an external pharmacy, you consent to us disclosing the prescription and related information to that pharmacy and are responsible for obtaining and paying for the medication there. Prescription products may not use child-resistant packaging; keep them out of reach of children.

 

7. Telehealth, Patient Portal, and Electronic Signatures

You may use telehealth/telemedicine, the patient portal, and e-signatures to receive care and communications. In doing so, you consent to delivery of healthcare via electronic means and to the electronic transmission of your health information and to e-signing required documents, as described in our Privacy Policy and at the point of use. Telehealth is not a substitute for in-person care in all cases; a clinician may require an in-person visit.

 

8. Accounts and Security

You are responsible for the accuracy of the information you provide and for safeguarding your account credentials. Log out when finished. We may suspend or terminate accounts for misuse, inaccuracy, or breach of these Terms. We use encryption (e.g., SSL) and reasonable safeguards, but no transmission is fully secure.

 

9. Prohibited Conduct

You agree not to use the Services to (i) commit any unlawful act, (ii) gain unauthorized access to systems or other users’ data, (iii) upload harmful code or malware, (iv) impersonate others or create false identities, (v) misrepresent your affiliation with Clinivoy, (vi) infringe intellectual property, or (vii) otherwise interfere with the Services or other users. We may suspend or terminate violators.

 

10. Intellectual Property

The Services and their content are protected by copyright, trademark, and other laws. We grant you a limited, personal, non-transferable license to use the Services for your lawful purposes. All rights not expressly granted are reserved.

 

11. Submissions

Information you submit through the Services (other than PHI, which is governed by our Privacy Policy) is treated as non-confidential to the extent not protected by law. You are responsible for what you submit.

 

12. Third Parties

The Services may reference or link to external pharmacies, payers, and third-party tools governed by their own terms. We are not responsible for third-party content or practices. Interactions with third parties (e.g., an external pharmacy) are solely between you and that third party.

 

13. Termination

We may suspend or terminate your access for any reason, including breach of these Terms. Provisions that by their nature should survive (including disclaimers, liability, indemnity, arbitration, and intellectual property) survive termination.

 

14. Disclaimers

The Services are provided “AS IS” and “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIVOY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT GUARANTEE ACCURACY, COMPLETENESS, TIMELINESS, OR UNINTERRUPTED OPERATION. The medical content on the website is informational only and is not medical advice. Always consult your physician.

 

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIVOY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions; to that extent, our liability is limited to the minimum permitted by law.

 

16. Indemnification

You agree to defend, indemnify, and hold Clinivoy and its personnel harmless from claims, damages, and expenses (including attorneys’ fees) arising from your breach of these Terms, your unlawful or willful misconduct, or your violation of others’ rights.

 

17. Arbitration; Class-Action Waiver

In accordance with the United States Arbitration Act, the parties agree that any dispute between them arising under this Agreement shall be resolved exclusively through binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). The arbitration shall take place in Southern California before a panel of three (3) arbitrators selected in accordance with the AAA Rules. The decision of the arbitrators shall be final and binding in all respects. The arbitrators shall have the authority to award fees and expenses associated with the arbitration process to the prevailing party as part of any award. If the parties should consent to a trial in a court in lieu of arbitration, the parties specifically waive any rights to trial by jury. You also waive the right to bring, join, or participate in any class, collective, or representative action, and any arbitration must be brought in your individual capacity. This arbitration clause is intended to be enforceable and to the extent any portion is found unenforceable, that portion shall be severed and the remainder shall continue in effect.

 

Counsel note (not part of the public Terms): Drip’s sample additionally imposes a $1,000 damages cap and a 1-year claim deadline; those are omitted here. Please have your attorney confirm the arbitration clause before publishing.

18. Governing Law; Venue

This Agreement is governed by California law (and the Federal Arbitration Act where applicable), without regard to conflicts-of-law principles. The venue for any permitted court proceeding is the state or federal courts located in California. If any provision is unenforceable, it will be reformed to the minimum extent needed and the rest remains in effect.

 

19. Assignment; Third-Party Beneficiaries

You may not assign your rights. Clinivoy may assign in connection with a merger, sale, or asset transfer. Except as expressly stated, no third party is an intended beneficiary of this Agreement.

 

20. Entire Agreement; Notices

This Agreement and our Privacy Policy constitute the entire agreement regarding the Services. Notices may be delivered by email, in-app, posted on the site, or by mail.

 

21. Contact

Clinivoy LLC
16782 Von Karman Ave STE 12, Irvine, CA 92606
Phone: +1 844-243-7833
Email: [email protected]

Effective Date: September 1, 2026     Last Updated: September 1, 2026     Version: 1.0

PLEASE READ THESE TERMS CAREFULLY. By accessing or using https://clinivoy.com/, the ClinIVoy patient portal, or our online scheduling and payment features, or by clicking “I Agree” or checking a box indicating your acceptance, you agree to be bound by these Terms of Service (these “Terms”). If you do not agree, do not use these services.

MEDICAL EMERGENCY. If you have a medical emergency, call 911 or go to the nearest emergency department immediately. Our services are not appropriate for every condition and are not a substitute for emergency care. Do not use the patient portal or any online form to report an emergency or an urgent change in your condition.

ARBITRATION AND CLASS-ACTION WAIVER. Section 21 requires most disputes about the Digital Services to be resolved by individual binding arbitration rather than in court and waives your right to participate in a class action. Section 21 does not apply to claims of medical malpractice or professional negligence or claims arising from medical care provided by ClinIVoy Medical Group,, which are not subject to arbitration under these Terms. You may opt out of arbitration entirely within 30 days as described in Section 21.8.

🔍 Understanding This Policy in Plain Language

These Terms explain the rules for using the ClinIVoy website, patient portal, online scheduling, intake, and payment services. They do not govern your medical treatment or change your rights as a patient. The most important things to know are:

Two separate organizations are involved. ClinIVoy LLC operates the website, patient portal, scheduling, intake, billing, and payment services. ClinIVoy Medical Group is the separate professional medical corporation that provides your medical care. Your treatment relationship with ClinIVoy Medical Group is governed by your treatment consent, financial responsibility agreement, telehealth consent, and other clinical documents—not these Terms.

Appointments and cancellations matter. A $50 missed-appointment fee may apply if you miss an appointment without cancelling at least 24 hours in advance.

You are responsible for amounts you owe. Depending on the service and your insurance, you may be responsible for copayments, coinsurance, deductibles, non-covered charges, or the full cost of self-pay services.

You control marketing communications. Consent to receive marketing text messages is separate from consent to receive care-related or operational messages, and marketing consent is not required to receive care.

Disputes are subject to arbitration. If you have a dispute covered by Section 21, it generally must be resolved through individual arbitration rather than in court, and you cannot participate in a class action. You may opt out of the arbitration provision within 30 days after first accepting these Terms. Medical malpractice, professional negligence, and claims arising from medical care are not covered by this arbitration provision.

We do not report medical debt to credit bureaus. We also require billing and collection vendors acting on our behalf to comply with applicable restrictions on reporting medical debt.

1.  Who We Are

Two separate organizations work together to serve you, and it matters which one you are dealing with.

1.1  ClinIVoy Medical Group — your health care provider. Infucare Medical Group of California, a Professional Medical Corporation, doing business as ClinIVoy Medical Group (“ClinIVoy Medical Group”), is a California professional medical corporation. It employs or contracts with the physicians, nurses, advanced practice clinicians, and other licensed personnel who provide all clinical services at our infusion and injection therapy centers. ClinIVoy Medical Group is a health care provider and, to the extent applicable to its activities, a “covered entity” under HIPAA, and it is solely responsible for the practice of medicine and for all clinical decisions about your care.

1.2  ClinIVoy LLC — the administrative and technology operator. ClinIVoy LLC (“ClinIVoy LLC”) operates https://clinivoy.com/, the patient portal, our online scheduling and intake tools, and our billing and payment systems (together, the “Digital Services”), and provides administrative, technology, billing, and other non-clinical management services to ClinIVoy Medical Group. ClinIVoy LLC is not a health care provider, does not practice medicine, and does not direct or control the professional judgment of any clinician. To the extent it handles protected health information on behalf of ClinIVoy Medical Group, it does so as a “business associate” under HIPAA and under a written business associate agreement.

1.3  Which entity these Terms are with. These Terms are an agreement between you and ClinIVoy LLC regarding your use of the Digital Services. Your treatment relationship is with ClinIVoy Medical Group and its clinicians, and it is governed by the consent to treatment, financial responsibility agreement, and other clinical documents you sign, not by these Terms. Where these Terms describe clinical services, they do so for context only.

Nothing in these Terms creates or modifies a physician-patient relationship between you and ClinIVoy LLC, authorizes ClinIVoy LLC to exercise professional judgment, or gives ClinIVoy LLC authority to make or direct clinical decisions.

“ClinIVoy,” “we,” “us,” and “our” in these Terms mean ClinIVoy LLC. Where a provision applies to both organizations, it says so.

2.  What These Terms Do Not Cover

 

Your medical care. Nothing in these Terms alters, limits, or waives any right you have arising from the medical care you receive. The consent to treatment, the financial responsibility agreement, any telehealth consent, and any separately signed arbitration agreement control over these Terms as to the subjects they address.

Your privacy rights. How we handle information about you is described in three separate documents, not in these Terms: the ClinIVoy Medical Group Notice of Privacy Practices (protected health information and medical information governed by HIPAA and the California Confidentiality of Medical Information Act), available at https://clinivoy.com/notice-of-privacy-practices; the ClinIVoy Website and Consumer Privacy Policy (personal information that is not PHI), available at https://clinivoy.com/privacy-policy; and the ClinIVoy Cookie and Tracking Technologies Policy, available at https://clinivoy.com/cookie-policy.

Medical advice. Content on the website is general health information, not medical advice, and does not create a treatment relationship. Always consult your physician about your own care.

Claims of medical malpractice or professional negligence. These are expressly excluded from the arbitration provision in Section 21.

3.  Acceptance and Changes to These Terms

You accept these Terms by clicking “I Agree,” checking a box indicating acceptance, or continuing to use the Digital Services after being presented with them. You must be able to form a binding contract to accept them.

We may change these Terms. If a change is material, we will give you notice before it takes effect — by email to the address associated with your account, through the patient portal, or by a prominent notice on the website — and the change will take effect on the date stated in that notice, which will be at least thirty (30) days after we give it. The version number and “Last Updated” date will appear on the website and in the patient portal. Changes apply prospectively only. A change does not apply to any dispute that arose before its effective date, and it does not change the version of Section 21 that governs such a dispute. If you do not agree to a change, stop using the Digital Services before it takes effect; that does not affect your ability to receive care. Continued use of the Digital Services after the effective date of a change constitutes acceptance of the revised Terms.

4.  Eligibility; Patients Under 18

You must be 18 or older to create an account, accept these Terms, or use the Digital Services on your own behalf.  A parent, guardian, or other person with legal authority may create an account and accept these Terms on behalf of a patient under 18, and represents by doing so that they have that authority.  California law permits a minor to consent to certain health care without a parent or guardian, including the services described in Family Code sections 6924 through 6929 and Health and Safety Code section 123115. Where a minor lawfully consents to their own care, ClinIVoy Medical Group follows that law and the confidentiality rules described in the Notice of Privacy Practices, and nothing in these Terms conditions that care on parental consent or authorizes disclosure to a parent or guardian that the law does not permit.

Some therapies carry additional age, clinical, or regulatory restrictions. Eligibility for any particular therapy is a clinical determination made by ClinIVoy Medical Group.

 

 

 

5.  The Treatment Relationship; No Guarantee of Outcomes

 

Your treatment relationship, if any, is solely with ClinIVoy Medical Group and the applicable licensed clinicians. ClinIVoy LLC does not provide medical care or make clinical decisions.

Requesting an appointment or creating a portal account does not by itself create a treatment relationship. A treatment relationship is formed with ClinIVoy Medical Group when a clinician accepts you as a patient and begins to evaluate or treat you. Our services supplement, and do not replace, your relationship with your primary care physician or referring specialist. ClinIVoy Medical Group’s clinicians exercise independent professional judgment, and may decline, limit, modify, or discontinue any service where they determine that it is not clinically appropriate. No clinician, and no one else, makes any guarantee or promise of any particular outcome, level of improvement, efficacy, or cure.

6.  Appointments, Cancellations, and Missed Appointments

 

You may schedule, reschedule, and cancel appointments through the patient portal, by telephone, or at a center. We ask that you cancel or reschedule at least 24 hours before your scheduled appointment time.

A missed-appointment fee of $50 applies if you do not attend a scheduled appointment and did not cancel at least 24 hours in advance. This fee is billed only to you as a self-pay charge; it is never submitted to any health plan or government program. This fee is applied uniformly to all patients regardless of insurance status or payer, is not billed to any health plan or government health care program and may be waived where you had a medical emergency, a transportation or caregiving emergency, or another good reason, or where payment would create a financial hardship. To request a waiver, contact us using the information in Section 28 within 30 days of the missed appointment and explain the circumstances.

7.  Insurance, Billing, and Payment

 

7.1  Two service lines

Medical and specialty therapies — for example specialty and biologic infusions, immunoglobulin therapy, and anti-infective therapy. Insurance may apply. We accept a variety of commercial plans, verify benefits, and obtain prior authorization where a plan requires it. Coverage under Medicare and Medi-Cal depends on eligibility and program rules; see our Medicare and Medi-Cal information page.

Wellness and hydration services — these are self-pay services. We do not bill insurance for them, and amounts you pay for them generally do not apply to your plan deductible or out-of-pocket maximum.

7.2  Your financial responsibility. You are responsible for all amounts that are your responsibility under your plan, including copayments, coinsurance, deductibles, and non-covered charges, and for the full price of self-pay services. We submit claims to your plan for covered services on the medical and specialty line; we do not pursue claims against any other party on your behalf. Verify your benefits and your network status with your plan before your appointment, and tell us promptly if your coverage changes.

7.3  Good Faith Estimates for self-pay and uninsured patients. If you are uninsured, or you are insured but choose not to have a claim submitted to your plan, federal law entitles you to a Good Faith Estimate of the expected charges for your care. We will give you a Good Faith Estimate in writing when you schedule an item or service at least three business days in advance, to the extent required by applicable law and at any time on request. The estimate covers the items and services reasonably expected to be furnished together with the scheduled care that are within our responsibility to estimate under applicable law.

A Good Faith Estimate is not a contract and does not obligate you to obtain the care described. If you are billed at least $400 more than your Good Faith Estimate for a given provider, you may be able to dispute the bill through the federal patient-provider dispute resolution process. Information about that process, and about your rights, is available at www.cms.gov/nosurprises or by calling us. 45 C.F.R. § 149.610. For more information about your rights and the dispute process, visit www.cms.gov/nosurprises or contact us.

7.4  Estimates for insured care. Any estimate we give you for care that will be billed to your plan is an estimate only. Your actual responsibility depends on how your plan adjudicates the claim, on the dose administered, on monitoring and chair time, and on other factors that may not be known in advance. This Section 7.4 does not apply to a Good Faith Estimate under Section 7.3.

7.5  Payments. Card and electronic payments are processed by our payment processor, Stripe, Inc. We do not store full payment card numbers. By submitting payment information, you authorize us and our processor to charge the amount due, and you represent that you are authorized to use the payment method. Keep your payment information current. If you enroll in a payment plan or authorize recurring charges, we will disclose the amount, the frequency, and how to cancel before you authorize them, and we will send you a confirmation.

7.6  Refunds and pricing errors. Except as required by law or agreed in writing, fees for services actually rendered and missed-appointment fees are non-refundable. If you have been charged in error, or a service was not delivered, contact us and we will correct it. We may correct pricing errors and decline or cancel a booking in good faith, including where a therapy is not clinically appropriate for you.

7.7  Taxes. You are responsible for any applicable sales or use tax on non-exempt items and services.

7.8  Medical debt and credit reporting. A holder of this medical debt contract is prohibited by Section 1785.27 of the Civil Code from furnishing any information related to this debt to a consumer credit reporting agency. We do not report medical debt to any consumer credit reporting agency, and we require any billing or collection vendor acting on our behalf to comply with the same prohibition. In plain language: We do not report medical debt to credit bureaus, and we require our billing partners to follow this same policy.

7.9  Financial assistance. If you are having difficulty paying, contact us before your balance is sent to collections. We will discuss available payment arrangements and any financial assistance for which you may qualify. Nothing in this Section requires ClinIVoy Medical Group to provide or continue treatment that a clinician determines is not medically appropriate or that is otherwise subject to applicable clinical, legal, regulatory, or payer requirements.

8.  Prescriptions, Biologics, and Pharmacies

 

Many of our therapies require a prescription or order from a licensed clinician. Depending on the therapy, your plan, and your preference, a drug or biologic may be furnished by ClinIVoy Medical Group at the center or supplied by an outside specialty pharmacy If your medication is supplied by an outside pharmacy, ClinIVoy Medical Group may send your prescription and the related clinical information that pharmacy needs to dispense it. That is a disclosure for treatment purposes, permitted without your separate authorization, and it is described in the Notice of Privacy Practices. Your relationship with the outside pharmacy — including what it charges you and how it handles your information — is between you and that pharmacy.

9.  Telehealth

 

Some visits may be offered by telehealth. Telehealth is not appropriate for every situation, and a clinician may require you to come in person. Before your first telehealth visit, ClinIVoy Medical Group will obtain your informed consent to receive care that way and will document it in your record, as California law requires. Bus. & Prof. Code § 2290.5. That separate telehealth consent (and any additional state-specific requirements) controls; accepting these Terms is not that consent and does not replace it.

10.  Electronic Records, Signatures, and Communications

If you separately consent to receive records, notices, statements, forms, or other communications electronically, we may provide them electronically, subject to applicable law. Electronic communications consent is separate from your acceptance of these Terms and is not a condition of receiving medical care. 

Before you consent, you should know:

You may request a paper copy of any record we provide electronically, at no charge, by contacting us using the information in Section 28.

You may withdraw your consent to electronic records at any time, without charge, by contacting us. If you withdraw consent, we will provide records on paper; this may delay scheduling, billing, and portal access, and some online features will not be available to you.

To access and retain electronic records you need a device with internet access, a current version of a common web browser, an email address you check, and the ability to view and save PDF files.

Keep your email address, mailing address, and telephone number current in the patient portal, or tell us when they change. Notices we send to the contact information we have on file are effective when sent, subject to any notice requirements imposed by applicable law or these Terms.

This Section 10 addresses records and signatures relating to the Digital Services and your account. 15 U.S.C. § 7001(c). Clinical consents, including any consent required for medical treatment or telehealth, are obtained separately at the point of care.

11.  Text Messages

If you give us your mobile number and consent to text messages, we may send you appointment reminders, scheduling messages, billing notices, and other messages about your care. We will ask separately before sending you any marketing or promotional text message, and you may accept care-related messages without accepting marketing ones.

You may receive operational or care-related communications even if you decline marketing communications, and consent to receive marketing text messages is not a condition of receiving any service or care.  Message frequency varies. Message and data rates may apply. Reply STOP to any message to stop receiving further messages of that kind, or HELP for help; you may also change your messaging preferences in the patient portal or by contacting us. We will also honor carrier-level STOP requests. Consent to receive text messages is not a condition of receiving care.

12.  Your Account and Security

 

You are responsible for the accuracy of the information you give us — clinical accuracy matters to your safety — and for keeping your portal credentials confidential. Do not share your credentials. Log out when you finish, particularly on a shared device. Tell us promptly if you believe your account has been accessed without your authorization. We may suspend or close an account for the reasons described in Section 17.

We maintain administrative, technical, and physical safeguards designed to comply with applicable law and reasonably protect the Digital Services and information we maintain, including as applicable, the HIPAA Security Rule and Civil Code § 1798.81.5, and we protect information in transit using current transport-layer encryption (TLS). No system can be guaranteed to be completely secure. Do not send health information, government identification numbers, or other sensitive information to us by unencrypted email; use the portal or call your center.

13.  Acceptable Use

 

You agree not to use the Digital Services to:

do anything unlawful, or encourage anyone else to;

access, or try to access, any system, account, or data you are not authorized to access;

introduce malware or any other harmful code, or interfere with the operation or security of the Digital Services;

impersonate anyone, create a false identity, or misstate your affiliation with ClinIVoy or ClinIVoy Medical Group;

scrape, harvest, or systematically collect data from the Digital Services, or use them to train a machine-learning model;

infringe anyone’s intellectual property or privacy rights; or

harass, threaten, or abuse our staff or another patient.

14.  Intellectual Property and Submissions

 

The Digital Services and their content are owned by ClinIVoy LLC or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Digital Services for your own health care purposes. All other rights are reserved. If you send us a suggestion, comment, or other feedback about the Digital Services, you grant us a perpetual, royalty-free license to use it without obligation to you. This does not apply to any information about your health or your care: that is governed by the Notice of Privacy Practices and is never treated as feedback, as non-confidential, or as licensed to us.

15.  Third-Party Services

 

The Digital Services link to or incorporate services operated by others, including mapping, payment processing, outside pharmacies, and health plans. Where applicable, third parties that act as business associates on behalf of ClinIVoy Medical Group are subject to written business associate agreements or other arrangements required by applicable law. Other third parties may act independently and may be subject to their own legal, privacy, and contractual obligations. Those services are governed by their own terms and privacy policies, and we do not control them or their practices.

16.  Suspension and Termination

 

We may suspend or close your account or restrict your access to the Digital Services if you breach these Terms, if we reasonably suspect fraud or unauthorized access, or if we are required to by law. Where circumstances allow, we will tell you why and what you can do about it.  Losing access to the Digital Services does not end your treatment relationship. A treatment relationship with ClinIVoy Medical Group ends only as its clinical policies and applicable professional standards provide. If ClinIVoy Medical Group determines that it must end a treatment relationship, it will provide notice and transition assistance as required by applicable law and professional standards, including assistance with continuity of care and access to records to the extent required by law. You may stop using the Digital Services, or ask us to close your account, at any time.

Sections 2, 7, 15, 18, 19, 20, 21, 22, 26, and 27, and any other provision that by its nature should survive, survive termination.

17.  Disclaimers

 

This Section 17 applies only to the Digital Services and to the general health information published on our website. It does not apply to the medical care you receive, and nothing in it disclaims or limits any duty ClinIVoy Medical Group owes you as your health care provider.

THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIVOY LLC DISCLAIMS ALL WARRANTIES AS TO THE DIGITAL SERVICES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

General health information on the website is not medical advice and is not a substitute for consultation with your physician. We take security and reliability seriously, but no system can be guaranteed to be uninterrupted or error-free.

18.  Limitation of Liability

 

This Section 18 applies only to claims arising out of the Digital Services. It does not apply to any claim arising out of the medical care you receive.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIVOY LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING OUT OF YOUR USE OF THE DIGITAL SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLINIVOY LLC’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE DIGITAL SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CLINIVOY LLC FOR THE DIGITAL SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1000).

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for professional negligence, for fraud or fraudulent misrepresentation, for a violation of law, for willful injury to the person or property of another, or for any other liability that cannot lawfully be limited. Civil Code § 1668. Some jurisdictions do not allow certain limitations; to the extent one does not, this Section applies to the maximum extent that jurisdiction permits.

19.  Indemnification

 

You agree to indemnify and hold harmless ClinIVoy LLC and its officers, employees, and agents from third-party claims, damages, and reasonable expenses, including attorneys’ fees, arising out of your intentional or fraudulent misuse of the Digital Services, your unauthorized access to the Digital Services or another person’s account, or your infringement of a third party’s intellectual property rights.

This Section does not apply to any claim arising out of your medical care, out of the acts or omissions of ClinIVoy LLC or ClinIVoy Medical Group, or out of the handling of your health information. You are not required to indemnify anyone in connection with the care you receive. This Section also does not require you to indemnify ClinIVoy LLC for its negligence, violation of law, privacy or security obligations, or other acts or omissions for which applicable law does not permit indemnification.

 

20.  Dispute Resolution and Arbitration

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

This Section requires most disputes about the Digital Services to be resolved by individual binding arbitration instead of in court and waives your right to participate in a class action. It does not apply to claims of medical malpractice or professional negligence, which remain subject to whatever forum and procedures the law and any separately signed agreement provide. It also does not apply to any claim arising from medical care provided by ClinIVoy Medical Group. You may opt out within 30 days under Section 20.8, and opting out will not affect your care in any way.

20.1  What this Section covers — and what it does not. This Section applies only to disputes against ClinIVoy LLC concerning the Digital Services or these Terms. It does not apply to ClinIVoy Medical Group, its clinicians, or any claim arising from professional services or medical care, except to the extent a separate written agreement expressly provides otherwise.

This Section does not apply to, and the following are expressly excluded from arbitration:

any claim of medical malpractice or professional negligence, or any claim arising out of the medical care you received, including any claim for wrongful death arising from that care;

any claim that may be brought in small claims court, so long as it stays there and is brought on an individual basis;

any claim for public injunctive relief, as described in Section 20.5; and

any action to protect intellectual property rights by injunction.

20.2  Talk to us first. Before starting an arbitration, you agree to send us a written notice describing the dispute and the relief you want, to the address in Section 26, and we agree to do the same. Each of us will then try in good faith to resolve it for up to sixty (60) days. Either of us may start an arbitration after that period ends. This step is a condition of arbitration, and either of us may ask a court to enforce it. The applicable statute of limitations is tolled while it runs.

20.3  Arbitration. If we cannot resolve the dispute informally, it will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this Section. The arbitration will be held in Orange County, California, or, at your election, by telephone or videoconference, or in the county where you live. The arbitrator may award any relief a court could award on an individual basis, and the award may be entered as a judgment in any court of competent jurisdiction.

ClinIVoy LLC will pay all filing, administrative, and arbitrator fees other than the initial consumer filing fee set by the AAA Consumer Rules, and will pay that fee too if you demonstrate that it would be a hardship. Each party bears its own attorneys’ fees, except that the arbitrator may award fees where a statute the claim is brought under permits it, or against a party that brought a claim that is frivolous or brought for an improper purpose. Neither party may recover fees or costs from the other merely for prevailing.

The arbitrator decides questions about the interpretation, applicability, and enforceability of this Section, except that a court — not an arbitrator — decides any question about the enforceability, validity, or scope of the class-action waiver in Section 20.4.

20.4  Class-action waiver. You and ClinIVoy LLC each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. If the class-action waiver in this Section 20.4 is found unenforceable as to any claim or any request for relief, then this entire Section 20 is void as to that claim or request, and it will be brought in a court of competent jurisdiction — not in arbitration. The rest of this Section 20 remains in effect as to all other claims.

20.5  Public injunctive relief. Nothing in this Section waives your right to seek public injunctive relief, and no such claim may be arbitrated. If you assert a claim for public injunctive relief, that claim will be brought in court; any other claim between us proceeds in arbitration and, if either party asks, the court action is stayed until the arbitration concludes. McGill v. Citibank, N.A. (2017) 2 Cal.5th 945.

 

20.6  Coordinated filings. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same counsel or coordinated group within a ninety (90) day period, the AAA will administer them in sequential batches of no more than fifty (50), each batch before a single arbitrator, and the parties will attempt to resolve the remaining demands using the outcomes of the first batches as a guide. A statute of limitations is tolled for demands awaiting a batch. Either party may ask a court to enforce this Section.

20.7  No jury waiver by contract. For any claim that proceeds in court under this Section, each party retains every right it has under applicable law, including any right to trial by jury. These Terms do not waive that right in advance.

20.8  Your right to opt out. You may opt out of this Section 20 entirely. To do so, send us written notice within thirty (30) days after you first accept these Terms, stating your name, the email address or account associated with your use of the Digital Services, and that you are opting out of arbitration. Send it by mail to Legal Department, ClinIVoy LLC, 16782 Von Karman Ave STE 12, Irvine, CA 92606, or by email to [email protected]. Opting out affects only this Section 20; the rest of these Terms continue to apply.  Opting out will not affect your care, your eligibility for any service, your pricing, or your relationship with ClinIVoy Medical Group in any way, and we will not retaliate against you for opting out.

20.9  Survival and changes. This Section survives termination of these Terms and the closing of your account. If we change this Section, the change does not apply to any dispute for which notice under Section 20.2 was given before the change took effect.

21.  Governing Law and Venue.

California law governs these Terms and any dispute arising out of them, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 21. For any dispute that proceeds in court, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, except where applicable law gives you the right to bring a claim elsewhere.

22.  Assignment and Third-Party Beneficiaries

You may not assign these Terms. ClinIVoy LLC may assign them in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate. ClinIVoy Medical Group is an intended third-party beneficiary of Sections 2, 5, 17, 18, 19, and 20. No one else is an intended third-party beneficiary.

23.  Accessibility, Language Assistance, and Nondiscrimination

We work to make the Digital Services accessible to people with disabilities. If you have difficulty using any part of them, or need these Terms or any other document in an alternative format, contact us using the information in Section 27 and we will provide the information and assistance you need by another means, free of charge.

Free language assistance, including qualified interpreters and translated materials, is available on request. ClinIVoy Medical Group does not discriminate on the basis of race, color, national origin, age, disability, or sex, and complies with applicable federal and California civil rights laws. Our notice of nondiscrimination is available at each center and at https://clinivoy.com/nondiscrimination.

24.  Notices to You

We may give you notice by email to the address associated with your account, through the patient portal, by text message where you have consented, by mail, or by posting on the website, subject to any notice requirements imposed by applicable law or these Terms. A notice required to be provided in a particular manner by law or these Terms will be provided in that manner.

25.  Notices to Us

Legal notices to ClinIVoy LLC, including a notice of dispute under Section 21.2 and an arbitration opt-out under Section 20.8, must be in writing, sent by a method that produces a record of delivery, and sent to:

Compliance Department, ClinIVoy LLC

16782 Von Karman Ave STE 12, Irvine, CA 92606

Email: [compliance @clinivoy.com]

26.  General

 

Order of precedence. If these Terms conflict with a document you sign in connection with your care — a consent to treatment, a financial responsibility agreement, a telehealth consent, or a separately signed arbitration agreement — that document controls as to the subject it addresses. If these Terms conflict with the Notice of Privacy Practices, the Website and Consumer Privacy Policy, or the Cookie and Tracking Technologies Policy on a privacy question, those documents control.

Entire agreement. These Terms are the entire agreement between you and ClinIVoy LLC about the Digital Services, and replace any earlier terms of service. They do not supersede any document described in the preceding bullet.

If a provision is held unenforceable, it will be modified to the least extent necessary to make it enforceable, or severed if it cannot be, and the rest of these Terms remain in effect. Section 21.4 states the one exception to this rule.

No waiver. Our failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, though this does not excuse any obligation to pay or any duty owed to you as a patient.

Headings are for convenience and do not affect interpretation.

 

27.  Contact Us

 

ClinIVoy LLC

16782 Von Karman Ave STE 12, Irvine, CA 92606

Phone: +1 844-243-7833

Email: [email protected]

For questions about your medical records, your care, or your privacy rights, contact your center or the Privacy Officer identified in the ClinIVoy Medical Group Notice of Privacy Practices.

TERMS OF SERVICE — Clinivoy LLC