Terms & Conditions

Please read these Terms & Conditions carefully before using our website, platform, or services.

These Terms contain important provisions regarding telehealth services, prescription medications, recurring billing, cancellation policies, limitations of liability, binding individual arbitration, and waiver of class-action proceedings.

1. Acceptance of Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Onvytal LLC ("Onvytal," "we," "us," or "our").

These Terms govern your access to and use of https://onvytal.com, associated webpages, patient account services, electronic communications, and the administrative coordination services provided through our platform (collectively, the "Platform" or "Services").

By accessing the Platform, creating an account, submitting an intake questionnaire, purchasing services, or clicking to accept these Terms, you acknowledge that you have read, understood, and agreed to be bound by them.

If you do not agree to these Terms, you must not use the Services.

Our Privacy Policy, Telehealth Informed Consent, applicable payment and billing disclosures, and any additional program-specific policies are incorporated into these Terms by reference.

2. Definitions

Platform or Services: The Onvytal website, registration and intake processes, patient-facing technology, communications, administrative support, and coordination services.

Medical Provider Group: ZiraMedical, an independent telehealth medical group whose healthcare professionals provide clinical services through the participating telehealth network.

Provider: An appropriately licensed healthcare professional who independently evaluates patients and makes clinical treatment decisions.

Pharmacy: An independently operated, licensed U.S. pharmacy responsible for dispensing and shipping prescription medications.

Medication: Any prescription medication, including compounded preparations, prescribed by an authorized healthcare provider.

Patient or User: An individual who accesses the Platform or seeks or receives services through participating healthcare providers.

3. Eligibility

To use Onvytal's Services, you must:

• Be at least eighteen (18) years of age.
• Be physically located within the United States in a jurisdiction where the requested services are legally available.
• Have the legal capacity to enter into a binding agreement.
• Provide accurate, current, and complete personal, medical, and payment information.
• Be authorized to use any payment method provided.
• Comply with applicable federal and state laws.

Onvytal reserves the right to restrict or deny access to its Platform where necessary to comply with applicable laws, prevent fraud, or address violations of these Terms.

4. Nature of Services and Management Services Organization

Onvytal LLC operates as a non-clinical management services organization ("MSO").

Onvytal provides administrative, technology, marketing, customer support, and coordination services that facilitate access to independent healthcare providers and licensed pharmacies.

Onvytal does not practice medicine, nursing, pharmacy, or any other licensed healthcare profession.

Onvytal does not diagnose medical conditions, prescribe medications, make clinical treatment decisions, compound medications, dispense prescriptions, or interfere with the independent professional judgment of healthcare providers or pharmacists.

All medical decisions are made exclusively by appropriately licensed healthcare professionals.

5. Independent Medical Providers and Pharmacies

Onvytal works with independent healthcare providers and licensed U.S. pharmacies to facilitate access to telehealth services and prescription fulfillment.

Medical Provider Partner

ZiraMedical
https://ziramedical.com

ZiraMedical is an independent telehealth medical group whose providers are licensed in the states where they offer care.

Pharmacy Partners

Our pharmacy partners include:

• EPIQ Scripts
• Foothills Pharmacy
• Emerald Compounding Pharmacy

Prescription medications are dispensed and shipped by participating licensed U.S. pharmacies in accordance with applicable state and federal laws.

Healthcare providers and pharmacies operate independently from Onvytal and retain responsibility for their respective professional services.

A provider-patient relationship is established only through the applicable healthcare provider's clinical process.

Onvytal does not guarantee that a patient will receive a prescription, qualify for any particular treatment, or experience a specific medical outcome.

6. Telehealth Services and Informed Consent

Clinical services coordinated through Onvytal may be provided through telehealth.

Telehealth may include electronic health questionnaires, secure messaging, telephone consultations, video consultations, and other legally permitted methods of communication.

Telehealth offers convenience and improved access to care but has limitations, including the inability to perform certain physical examinations and the possibility of technological or communication difficulties.

A healthcare provider may require additional information, laboratory testing, a live consultation, or an in-person examination before making a treatment decision.

Patients must review and accept the applicable Telehealth Informed Consent before receiving telehealth care.

Submitting an online questionnaire does not guarantee medical approval or issuance of a prescription.

7. States Served and Consultation Requirements

Onvytal's participating telehealth services are available to eligible patients located in all 50 U.S. states and the District of Columbia.

All consultations are conducted by appropriately licensed U.S. healthcare providers, and prescriptions are dispensed by licensed U.S. pharmacies.

Treatment is provided only when clinically appropriate and permitted under applicable state and federal laws.

Availability of specific medications may vary based on state regulations, provider licensure, pharmacy availability, and clinical eligibility.

Asynchronous Telehealth Services

Asynchronous care, which may include an online medical questionnaire, is available in the following 44 states:

AK, AL, AR, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KY, MA, MD, ME, MI, MN, MO, MT, NC, ND, NE, NH, NJ, NV, NY, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, VT, WA, WI, WY.

Synchronous Telehealth Services

A live consultation with a healthcare provider is required before treatment in the following seven jurisdictions:

District of Columbia (DC), Kansas (KS), Louisiana (LA), Mississippi (MS), New Mexico (NM), Rhode Island (RI), and West Virginia (WV).

A healthcare provider may require a live consultation in any jurisdiction when clinically necessary or legally required.

8. Medical Information and Disclaimers

Information provided through Onvytal's website, including educational materials, product descriptions, articles, and frequently asked questions, is intended for general informational purposes.

Such information does not constitute personalized medical advice, diagnosis, or treatment.

Patients should consult an appropriately licensed healthcare provider regarding their individual medical conditions and treatment options.

Patients are responsible for providing complete and accurate medical histories, current medications, allergies, and other information requested during the clinical evaluation process.

9. Prescription Medications and Compounded Preparations

Certain services facilitated through Onvytal may involve prescription medications, including compounded medications.

Prescription medications are provided only when an appropriately licensed healthcare provider determines that treatment is medically appropriate.

Compounded medications are not FDA-approved.

Compounded medications are not reviewed by the U.S. Food and Drug Administration for safety, effectiveness, or quality before marketing in the same manner as FDA-approved medications.

Onvytal does not represent that compounded medications are equivalent to or interchangeable with FDA-approved branded medications.

Patients should discuss the potential risks, benefits, side effects, contraindications, and available treatment alternatives with their treating healthcare provider.

Onvytal does not guarantee the availability of any particular medication, dosage, formulation, or treatment.

10. Prescription Fulfillment

All prescription medications are dispensed and shipped directly by participating licensed U.S. pharmacies.

Onvytal does not independently manufacture, compound, dispense, package, or ship prescription medications.

Dispensing pharmacies are responsible for prescription verification, preparation, labeling, dispensing, and applicable storage and handling requirements.

Pharmacies may contact patients directly regarding prescription fulfillment, availability, medication safety, and delivery.

Pharmacy participation and medication availability may change in accordance with applicable laws and operational requirements.

11. Shipping and Delivery

Prescription medications are shipped by the dispensing pharmacy to the address provided by the patient.

Patients are responsible for providing accurate and complete shipping information.

Shipping and delivery estimates are not guaranteed. Delays may occur due to carrier operations, weather conditions, pharmacy processing, regulatory requirements, or other circumstances beyond Onvytal's reasonable control.

Certain medications may require refrigeration or temperature-controlled shipping.

Patients must follow the storage and handling instructions provided by the dispensing pharmacy.

If a package arrives damaged, delayed, warm, or otherwise potentially compromised, patients should promptly contact contact@onvytal.com and follow the dispensing pharmacy's instructions before using the medication.

Onvytal will assist with administrative coordination regarding delivery concerns. Determinations concerning medication safety, replacement, or dispensing remain subject to the pharmacy's professional judgment and applicable law.

12. Cash-Pay Services and Insurance

Onvytal's Services operate on a cash-pay basis.

Onvytal is not a health insurance company, and its Services do not constitute health insurance coverage.

Onvytal does not submit insurance claims on behalf of patients.

Patients are responsible for the charges disclosed during enrollment and checkout.

Onvytal does not currently accept HSA or FSA payments.

Patients should not assume that purchases or services will be reimbursed by private insurance, Medicare, Medicaid, or other government healthcare programs.

13. Pricing, Taxes, and Payment Authorization

Prices for consultations, programs, subscriptions, and medication-related services are disclosed before payment authorization.

By completing a purchase, you authorize the applicable merchant and payment processor to charge your selected payment method for the amounts disclosed at checkout.

Applicable taxes, shipping charges, and other mandatory fees will be disclosed as required by law.

Onvytal may modify prices for future purchases and subscription periods, subject to applicable notice and consent requirements.

Payment does not guarantee medical approval, a prescription, or a particular treatment outcome.

14. Subscriptions and Automatic Renewal

Onvytal may offer certain programs through recurring subscriptions.

Subscription pricing, billing frequency, included services, and renewal terms are disclosed during enrollment and checkout.

By affirmatively enrolling in an automatically renewing subscription, you authorize recurring charges at the disclosed intervals and amounts until the subscription is canceled.

Subscriptions automatically renew according to the terms accepted at enrollment.

Any material changes to subscription pricing or terms will be communicated as required by applicable law.

Patients may cancel subscriptions through the designated patient portal.

Cancellation procedures and any applicable billing deadlines will be disclosed during enrollment and within the patient account.

Onvytal will comply with applicable automatic renewal and consumer cancellation laws.

15. Cancellation and Refunds

Patients may cancel their subscriptions through the designated patient portal.

Cancellation prevents future renewals in accordance with the applicable subscription terms and law.

Fees for services already provided or prescriptions already processed may be non-refundable except as required by law or the applicable refund policy.

Prescription medications generally cannot be returned to pharmacy inventory for resale after dispensing.

Refunds or replacements for dispensing errors, damaged medications, or other qualifying circumstances will be evaluated under applicable pharmacy policies and law.

Cancellation of a subscription does not automatically cancel a prescription already in the dispensing process.

For cancellation or refund assistance, contact contact@onvytal.com.

Nothing in this section limits any refund or consumer protection rights provided by applicable law.

16. Patient Accounts and Security

Patients may be required to create an account through the designated patient platform.

Users agree to provide accurate registration information, maintain current contact details, and safeguard their account credentials.

Users are responsible for notifying Onvytal promptly if they suspect unauthorized account activity.

Accounts may not be shared or used to obtain medical services on behalf of another person except where legally permitted.

Onvytal may restrict access when reasonably necessary to address security concerns, suspected fraud, or violations of these Terms.

17. Patient Information and Privacy

Onvytal respects the privacy and confidentiality of patient information.

Personal information may be collected and processed for registration, administrative coordination, payment processing, customer support, and other disclosed business purposes.

Medical information may be collected, maintained, accessed, or transmitted by participating healthcare providers, pharmacies, and authorized technology or service providers.

Protected health information is handled in accordance with applicable privacy and security laws, including HIPAA where applicable.

Our Privacy Policy provides additional information concerning personal data practices, permitted disclosures, privacy rights, and contact procedures.

Privacy inquiries may be directed to partner@onvytal.com.

18. Electronic Communications

By using Onvytal's Services, you agree to receive necessary administrative communications electronically, including account notices, receipts, service updates, and legally required disclosures, subject to applicable law.

Clinical communications may be delivered through the participating healthcare provider's secure systems.

Onvytal does not currently operate a promotional or transactional SMS messaging program.

Patients are responsible for maintaining accurate contact information.

19. Prohibited Conduct

Users agree not to:

• Violate applicable laws or regulations.
• Provide false identification, medical histories, or payment information.
• Attempt to obtain prescription medications through misrepresentation.
• Resell or unlawfully distribute prescription medications.
• Access another person's account without authorization.
• Interfere with website security or operation.
• Introduce malicious software or attempt unauthorized access.
• Use automated scraping or extraction tools without permission.
• Infringe intellectual property or privacy rights.
• Harass healthcare providers, employees, or other users.

Violations may result in suspension or termination of access, subject to applicable law.

20. User Submissions and Information Accuracy

Users retain applicable ownership rights in information and content they submit.

By submitting information, users authorize Onvytal and its authorized service providers to process such information as necessary to provide the Services and as permitted by applicable privacy laws, policies, and consents.

Users represent that all information submitted is accurate, complete, and current.

Submitting materially false or misleading information may result in refusal of services, suspension, or other lawful action.

21. Intellectual Property

The Onvytal website, logos, original content, graphics, designs, and related intellectual property are owned by Onvytal LLC or its licensors.

Users receive a limited, non-exclusive, non-transferable, revocable license to access the Platform for lawful personal use.

Unauthorized copying, reproduction, distribution, or commercial exploitation of protected content is prohibited.

Third-party trademarks remain the property of their respective owners.

22. Third-Party Services and Links

Onvytal may provide links to independent healthcare providers, pharmacies, payment processors, and other third-party websites.

These third parties may maintain separate terms, privacy policies, and service conditions.

Onvytal does not control independent third-party websites and is not responsible for their content or practices except to the extent required by applicable law.

23. Payment Disputes and Chargebacks

Patients who believe a charge is incorrect are encouraged to contact contact@onvytal.com for assistance.

Onvytal may investigate disputed transactions and take reasonable measures to prevent fraud or unauthorized payment activity.

Nothing in these Terms restricts a patient's lawful rights to dispute charges with a financial institution or exercise applicable consumer protections.

24. Service Availability and Modifications

Onvytal may modify, suspend, or discontinue non-clinical Platform features or program offerings in response to business needs, regulatory requirements, provider availability, pharmacy participation, or technical issues.

Notice will be provided where required by law or applicable agreements.

Onvytal does not control the independent clinical judgment of participating healthcare providers.

25. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ONVYTAL PLATFORM AND NON-CLINICAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

ONVYTAL DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

ONVYTAL DOES NOT GUARANTEE UNINTERRUPTED PLATFORM ACCESS, ERROR-FREE TECHNOLOGY, OR PARTICULAR MEDICAL RESULTS.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

26. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ONVYTAL LLC AND ITS OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF ITS NON-CLINICAL PLATFORM SERVICES.

ONVYTAL'S TOTAL CUMULATIVE LIABILITY FOR CLAIMS ARISING FROM ITS NON-CLINICAL SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT PAID TO ONVYTAL DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, TO THE EXTENT SUCH A LIMITATION IS ENFORCEABLE.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY ARISING FROM FRAUD, WILLFUL MISCONDUCT, OR OTHER NON-WAIVABLE LEGAL OBLIGATIONS.

27. Indemnification

To the extent permitted by law, users agree to indemnify and hold harmless Onvytal LLC and its officers, managers, employees, contractors, and authorized representatives from third-party claims, liabilities, damages, and reasonable expenses arising directly from unlawful conduct, intentional misuse of the Platform, or material violations of these Terms.

This obligation does not extend to claims caused by Onvytal's own negligence, misconduct, or violations of law where indemnification is prohibited.

28. Informal Dispute Resolution

Before initiating arbitration or litigation, the parties agree to attempt good-faith informal resolution of disputes, except where immediate legal relief is permitted or required.

Written notices should describe the dispute and requested resolution and may be sent to:

Onvytal LLC
1408 N W St
Naperville, IL 60563
Email: partner@onvytal.com

The parties will ordinarily have thirty (30) days following receipt of notice to attempt resolution.

29. Binding Individual Arbitration and Class-Action Waiver

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

Except where prohibited by applicable law, disputes arising out of or relating to these Terms, the Platform, or Onvytal's non-clinical Services shall be resolved through final and binding individual arbitration.

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules.

Arbitration will be conducted before a single neutral arbitrator, with procedures and location determined under the applicable rules and consumer protection requirements.

The parties agree that eligible claims will be brought individually rather than as part of a class, collective, or representative proceeding, to the extent permitted by law.

This provision does not prevent claims in small claims court where permitted or the exercise of rights that cannot lawfully be subjected to arbitration.

If the class-action waiver is determined to be unenforceable for a particular claim, the effect on arbitration of that claim will be determined under applicable law.

30. Arbitration Opt-Out

Patients may opt out of the arbitration provision by sending written notice to partner@onvytal.com within thirty (30) days after initially accepting these Terms.

The notice must include the patient's full name, email address, mailing address, and a clear statement requesting to opt out of arbitration.

A valid opt-out does not affect the remaining provisions of these Terms.

31. Governing Law and Venue

These Terms are governed by applicable federal law and the laws of the State of Illinois, without regard to conflict-of-laws principles, except where mandatory laws of another jurisdiction apply.

For disputes not subject to arbitration, the parties consent to the jurisdiction of courts of competent jurisdiction in Illinois, except where applicable consumer protection laws require another venue.

32. Changes to These Terms

Onvytal may update these Terms to reflect changes in its Services, business operations, legal requirements, or policies.

The Effective Date indicates when the Terms were last revised.

Material changes will be communicated through reasonable means, including website notices or email, where required by law.

Changes requiring affirmative consent will not become binding without such consent.

33. Promotions and Special Offers

Onvytal may offer promotional pricing, discounts, or special programs.

Additional eligibility requirements, expiration dates, restrictions, and offer-specific terms may apply and will be disclosed with the promotion.

Promotional offers do not guarantee medical eligibility, treatment approval, or prescription issuance.

34. Suspension and Termination

Users may discontinue use of the Platform at any time, subject to applicable subscription cancellation terms and outstanding payment obligations.

Onvytal may suspend or terminate access for material violations of these Terms, suspected fraud, security risks, or legal requirements.

Termination of administrative access does not independently terminate a provider-patient relationship.

Healthcare providers remain responsible for applicable professional obligations, including continuity of care and medical record requirements.

Provisions concerning payment obligations, intellectual property, dispute resolution, indemnification, and limitations of liability survive termination to the extent legally enforceable.

35. Severability, Waiver, and Entire Agreement

If any provision of these Terms is found unlawful or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Failure to enforce a provision does not constitute a waiver of future enforcement rights.

These Terms, together with incorporated policies and applicable program-specific disclosures, constitute the agreement governing Onvytal's non-clinical Services.

They do not replace separate clinical consents, provider-patient agreements, or pharmacy disclosures.

36. Contact Information

For questions, legal notices, privacy inquiries, or assistance regarding these Terms, please contact:

Onvytal LLC
1408 N W St
Naperville, IL 60563

Website: https://onvytal.com
Customer Support: contact@onvytal.com
Legal Notices: partner@onvytal.com
Privacy Inquiries: partner@onvytal.com
Telephone: (844) 668-9825

Onvytal LLC, 1408 N West St, Naperville, IL 60563