Terms & Conditions

01. Emergency Notice; Informational Use

1. Not for emergencies. Do not use the Services, including any portal or text-message channel, for a medical emergency. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department immediately.
2. No continuous monitoring. Messages, forms, and other communications submitted through the Services are not continuously monitored and are not a substitute for emergency services.
3. Informational content. Content made available through the Services is for general informational purposes unless Relatyv expressly identifies it as part of a separately established professional-service relationship. It is not a substitute for individualized medical advice, diagnosis, or treatment. 
4. Relationship with healthcare professionals. Use of a public website, an intake or scheduling form, or a text-message program does not, by itself, establish a physician-patient, clinician-patient, or other professional relationship. A professional relationship, if any, is governed by the applicable provider’s separate terms, informed-consent materials, and professional obligations.

02. Privacy; Health Information

1. Privacy Policy. Our Privacy Policy describes how we collect, use, and disclose personal information, available at the link displayed on the Services.
2. Notice of Privacy Practices. If Relatyv or an applicable affiliated healthcare provider is a HIPAA-covered entity for a particular service, the applicable Notice of Privacy Practices (“NPP”) explains how protected health information may be used and disclosed and how individuals may exercise their rights. The applicable NPP is available at the link displayed on the Services and upon request.
3. Order of precedence. If these Terms conflict with the applicable NPP as to protected health information, the NPP controls to the extent of the conflict.
4. Service providers. We may use service providers to operate, secure, support, and improve the Services. Those providers may process information only as permitted by applicable law and our agreements with them.
5. Privacy requests and questions. Direct questions about privacy practices, personal information, or protected health information to compliance@relatyv.com.

03. Text Messaging Terms

1. Separate message programs. Relatyv may offer separate text-message programs for: a) appointment and patient-care communications; b) account, security, and service communications; and c) marketing or promotional communications. Enrollment, consent, and opt-out choices may differ by program.
2. Patient-care messages. Patient-care messages may include appointment confirmations and reminders, scheduling information, wellness checkups, pre-service or post-service instructions, prescription notifications, and other communications permitted by applicable law. Patient-care messages will not include marketing, advertising, solicitation, billing, debt collection, or other financial content unless you separately enroll in an applicable program and applicable law permits the message.
3. Account and service messages. Account and service messages may include security alerts, account updates, requested support, service notices, and operational information. Where consent is required, we will obtain it through the applicable enrollment flow. 
4. Marketing messages. Marketing or promotional text messages are sent only if you separately provide the consent required by applicable law. Consent to receive marketing messages is not a condition of purchasing goods or services.
5. Enrollment and records. The enrollment interface for each program will identify Relatyv, describe the applicable program, provide the disclosures required by law, and record the consent or permission provided, including the associated telephone number and the version of the enrollment disclosure.
6. Message frequency and charges. Message frequency varies by the program you select and your interactions with the Services. Message and data rates may apply. Your wireless carrier is not liable for delayed or undelivered messages. 
7. Opting out. You may opt out of any text-message program at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT, or another clear request to stop messages. You may also submit an opt-out request through compliance@relatyv.com, info@relatyv.com, or another contact method we identify in the applicable program. We will process opt-out requests within the time required by applicable law. We may send a one-time, nonpromotional confirmation message to confirm your request.
8. Help. Reply HELP to a message for program information, or contact info@relatyv.com or compliance@relatyv.com for assistance.
9. Text-message privacy. Standard SMS messages may not be encrypted. Do not send sensitive medical, financial, account, or other confidential information by text unless we specifically provide a secure method for that purpose. Where appropriate, we may direct you to a secure portal or another communication channel.
10. Text-message consent is not a privacy waiver. Your preference to receive text messages does not waive any privacy right that cannot lawfully be waived. We will handle personal information and protected health information in accordance with applicable law and the applicable privacy materials.

04. Eligibility; Accounts; Security

1. You must be at least 18 years of age, or the age of legal majority where you live, to enter into these Terms. A parent or legal guardian must use the Services for a minor unless applicable law permits otherwise.
2. If you create an account, you agree to provide accurate, current, and complete information and to keep your account credentials confidential. You are responsible for activity under your account to the extent caused by your failure to protect your credentials or promptly report suspected unauthorized use.
3. Notify us promptly at info@relatyv.com if you believe your account or credentials have been compromised. We may suspend or secure an account when reasonably necessary to protect the Services, users, or information.

05. Acceptable Use

1. You may use the Services only for lawful purposes and in accordance with these Terms.
2. You may not: 
   1. interfere with the operation or security of the Services;
   2. access nonpublic portions of the Services without authorization;
   3. use automated means to scrape, crawl, or extract content except as permitted by applicable law or written authorization; 
   4. introduce malicious code;
   5. impersonate another person;
   6. infringe another person’s rights; or
   7. use the Services in a manner that violates applicable law.

06. Intellectual Property; Feedback

1. Our content. Relatyv, its licensors, or other rights holders own the Services and their content, software, design, trademarks, and other intellectual-property rights, and these are protected by law.
2. Limited permission. Subject to these Terms, Relatyv grants you a limited, nonexclusive, nontransferable, revocable right to access and use the Services for their intended purpose. This permission does not transfer any ownership interest.
3. Feedback. If you voluntarily provide comments, suggestions, or other feedback about the Services (“Feedback”), you grant Relatyv a nonexclusive, worldwide, royalty-free right to use that Feedback to operate, maintain, and improve the Services. Feedback does not include protected health information, patient records, confidential customer information, or other information submitted solely to obtain services, support, or account administration.

07. Third-Party Services and Links

1. The Services may link or integrate with third-party websites, products, or services. Third parties control their own offerings, terms, privacy practices, and content.
2. Except as expressly stated otherwise, Relatyv is not responsible for third-party offerings or for transactions between you and a third party. Review the third party’s applicable terms and privacy materials before providing information or completing a transaction. 

08. Disclaimers

1. To the fullest extent permitted by law, the Services are provided “as is” and “as available.” Relatyv disclaims all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
2. Relatyv does not warrant that the Services will be uninterrupted, secure, error-free, or available at all times. We may perform maintenance, updates, or security measures that temporarily affect availability.
3. Nothing in these Terms excludes a warranty, right, or remedy that cannot lawfully be excluded.

09. Limitations of Liability

1. To the fullest extent permitted by law, Relatyv and its affiliates, licensors, officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business opportunities, arising from or relating to the Services or these Terms.
2. To the fullest extent permitted by law, the total aggregate liability of the persons and entities described in Section 9(a) for all claims arising from or relating to the Services or these Terms will not exceed the greater of: a) the amount you paid directly to Relatyv for the specific Service giving rise to the claim during the 12 months before the event giving rise to the claim; or b) $100.
3. The limitations in this Section do not apply to liability that cannot lawfully be limited or excluded.

10. Indemnification

1. To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Relatyv and its affiliates, licensors, officers, directors, employees, contractors, and agents from third-party claims, losses, liabilities, damages, and reasonable attorney fees arising from your unlawful use of the Services, your material violation of these Terms, or your infringement of a third party’s rights.
2. Relatyv will provide prompt notice of any claim for which it seeks indemnification, provided that a delay in notice will affect your obligation only to the extent materially prejudiced. Relatyv may control the defense of the claim, and you may not settle a claim in a manner that imposes liability, admission, or obligation on Relatyv without Relatyv’s written consent.

11. Suspension and Termination

1. Relatyv may suspend or terminate access to the Services if we reasonably believe that you have violated these Terms, applicable law, or the security, privacy, or integrity of the Services.
2. Where reasonably practicable and consistent with security, legal, clinical, or operational requirements, Relatyv will provide notice of a suspension or termination.
3. Suspension or termination of access to a patient portal, paid service, or other service subject to separate obligations will be handled consistently with the applicable service terms, legal requirements, and any required transition, record access, or refund process.

12. Governing Law; Venue

1. These Terms are governed by Arizona law, without regard to conflict-of-law principles.
2. Except where applicable law requires otherwise, any action arising out of or relating to these Terms or the Services must be brought exclusively in the State or Federal courts located in Maricopa County, Arizona. You and Relatyv consent to personal jurisdiction and venue in those courts.
3. Nothing in this Section limits either party’s right to seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or the security and integrity of the Services.

13. Changes to These Terms

1. We may update these Terms from time to time. The updated Terms will state a new effective date and be posted on the Services.
2. For a material change, we will provide notice through the Services, by email, or by another reasonable method before the change takes effect when practicable. If a change requires your affirmative consent under applicable law, we will obtain that consent. 
3. Changes to these Terms do not replace a separate consent record for text-message marketing, health communications, or another program where separate consent is required.

14. General Terms

1. Electronic Communications. You agree that we may provide notices and other communications electronically, except where law requires another method.
2. Assignment. You may not assign or transfer these Terms without our written consent. Relatyv may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, subject to applicable law. 
3. No waiver. A failure to enforce a provision of these Terms is not a waiver of that provision. 
4. Severability. If a provision of these Terms is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law.
5. Entire Agreement. These Terms, together with any applicable Privacy Policy, NPP, and separate service terms that expressly incorporate them, form the agreement between you and Relatyv concerning the Services covered by these Terms.
6. Survival. Sections that by their nature should survive termination – including but not limited to Sections 6 through 14 – survive termination of access to the Services.
7. Contact. Contact Relatyv at infor@relatyv.com, compliance@relatyv.com, or by mail at:

Relatyv LLC
4140 East Baseline Road, Suite 101
Mesa, Arizona 85206