By selecting "i agree," checking a relevant acceptance box, using any acceptance mechanism offered through the service (defined below), or otherwise expressly consenting to these terms and conditions, you confirm that you have reviewed, understand, and consent to be bound by this agreement. if you do not agree to these terms, you are prohibited from creating an account or using the service. you expressly authorize any party that clicks "i agree" or otherwise indicates acceptance on your behalf to accept these terms and conditions for you.
Except where you validly opt out of arbitration as described herein, you agree that all disputes arising out of or relating to these terms or the service, including those involving medical groups or providers, will be resolved exclusively through binding arbitration. You and we both waive any right to a jury trial and to participate in a class action. Full details on exceptions and arbitration opt-out instructions are provided below.
if you are experiencing a medical emergency, immediately seek emergency care or call 911. This service is not suited for all medical conditions. This agreement may be modified as stated herein.
(referred to as “HolaVida Health,” “we,” or “us”) operates and maintains websites and applications, including those at www.holavidahealth.com, and any future mobile applications (collectively, the “Platform”). Your access to, use of, or interaction with the Platform, including all content ("Content") and services provided via the Platform ("Service"), are governed by these Terms and Conditions (“Agreement”).
Please read these terms carefully as they define the relationship between you and us in relation to the Service. The terms “you” and “your” refer to the individual using the Service or, if the Service is being used on behalf of a minor, both the parent or legal guardian and the minor. The Service is not intended for use by individuals under the age of 13. If you are under 13, you are prohibited from accessing or using the Service. For more details regarding minor usage, please refer to the “Limited Use and Availability” section below.
Accessing or using the Service signifies your acceptance of this Agreement and any applicable laws. If you disagree with these terms, do not use the Service. We reserve the right to amend or remove portions of this Agreement or the Service at our discretion, and such changes will be effective immediately upon posting to the Platform. Continued use of the Service after modifications constitutes your acceptance of the revised Agreement.
As a user, you may access products and services offered by HolaVida Health or third-party providers, including pharmacies and medical professionals. The Service may connect you with pharmacies, medical groups, and providers that offer services such as prescriptions and consultations. You acknowledge that you are not entering into a doctor-patient relationship with HolaVida Health, but rather, may be entering such a relationship with our partner medical groups and providers.
By accepting this Agreement, you also acknowledge that you are responsible for monitoring any communications you receive through the Service, including messages, prescriptions, and reports from providers. We are not liable for the security or privacy of these communications, and you are responsible for reading and responding to them in a timely manner.
HolaVida Health and its medical partners are not enrolled with federal or state healthcare programs (e.g., Medicare or Medicaid). Therefore, services provided through the Platform are paid for on a cash basis and are not eligible for reimbursement under such programs. You assume full financial responsibility for the services and products obtained via the Service.
Certain services offered via the Platform are subscription-based. You will be automatically billed at regular intervals for these services unless you cancel your subscription. You can cancel at any time through the Customer Help Center, your online account, or by calling our support team. Cancellation will take effect at the end of your current subscription period. Refunds may be offered at our discretion but are not guaranteed for partial subscription periods.
Certain products offered through the Service require a valid prescription. You must complete a consultation with a licensed provider, who will determine whether a prescription is appropriate. If a prescription is provided, it can be filled through our partner pharmacies or another pharmacy of your choice. The costs for prescriptions are included in the total amount you pay through the Service.
Some services offered through the Platform, such as at-home tests, require a prescription or order from a licensed provider. These services are provided by third-party labs, and costs are included in the total charged to you via the Service.
The Service is available only in specific regions and is limited to users who are at least 18 years of age or have obtained consent from a parent or guardian for minor users (ages 13-17) to access specific services. You are required to comply with all applicable laws when using the Service, and certain products may have additional age restrictions.
By using the Service, you consent to receiving health services through telehealth, which involves using electronic communications for consultations with providers. Telehealth is not a substitute for in-person care, and you must acknowledge and consent to the use of telehealth as outlined in the Patient Consent Agreement, which you will review before using the Service.
You are responsible for providing and maintaining the necessary equipment, software, and internet access required to use the Service. You are also responsible for providing truthful and accurate information in all interactions with the Service.
You are responsible for providing and maintaining the necessary equipment, software, and internet access required to use the Service. You are also responsible for providing truthful and accurate information in all interactions with the Service.
HolaVida Health values your privacy. For information about how we collect, use, and protect your personal information, please review our Privacy Policy.
By creating an account with HolaVida Health, you are establishing a direct relationship with our service, granting you access to various functionalities. As part of this process, you provide us with personal details such as your name, email address, phone number, and shipping address, which we may collect, use, and disclose in accordance with this Privacy Policy. These details are not considered “health” or “medical” information.
However, by using certain aspects of our Service, you may provide us with medical information that could be protected by applicable laws. Please note that HolaVida Health is not considered a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Some of our affiliated entities, including Labs, Pharmacies, and Medical Groups, may or may not be considered "covered entities" or "business associates" under HIPAA. In cases where HolaVida Health acts as a business associate to a Lab, Pharmacy, or Medical Group, we may be required to comply with certain provisions of HIPAA regarding “protected health information” (PHI).
Furthermore, any medical or health-related information that falls under specific state laws protecting such data will be used and disclosed solely in accordance with those applicable laws. Non-medical information that is not considered Protected Health Information under relevant laws may be used and disclosed as permitted by our Privacy Policy. Please note that de-identified information, as defined by HIPAA, is not considered Protected Health Information.
Our Medical Groups and Providers have their own Notices of Privacy Practices that detail how they handle and disclose Protected Information. By using our Service, you acknowledge that you have received these Notices from your Medical Group and Providers.
In cases where HIPAA may apply, any information you submit to HolaVida Health that is not used solely for diagnosis, treatment, prescription fulfillment, or laboratory services will not be considered Protected Health Information and will be governed by our Privacy Policy and applicable state laws.
In order to access our Service, you are required to register and create an account. The Service is available only to users who have registered and received a username and password. The information you provide to HolaVida Health during registration, including your name, email address, and shipping address, is not considered Protected Health Information.
You agree to maintain accurate, current, and complete information about yourself. If you fail to do so or if we have reason to suspect that the information you provided is inaccurate, we reserve the right to suspend or terminate your account and access to the Service. You also agree to immediately notify us of any unauthorized use of your username or password, or any security breaches, by contacting our Customer Support Center. You are responsible for keeping your login credentials confidential and for logging out at the end of each session. We disclaim any liability for damages resulting from your failure to comply with these security measures
You are prohibited from using any other person’s account. To safeguard your data, we employ Secure Sockets Layer (SSL) encryption or similar technologies when transmitting sensitive personal information. While we take precautions to secure your data, you are also responsible for protecting your own devices and ensuring unauthorized parties do not access your account. You are advised to log out after each session and protect your devices from unauthorized physical access.
Any attempt to violate the security of our Service may result in criminal and civil penalties. We reserve the right to investigate any suspected violations and cooperate with law enforcement when necessary
The Service, along with all information and content available through it, is protected by copyright laws. HolaVida Health grants you a limited, non-transferable license to access and use the Service for personal use, subject to the terms of this Agreement. All rights to the Service and its content are reserved by HolaVida Health. You may not remove or alter any copyright or trademark notices in connection with the Service.
Our trademarks, service marks, logos, and related graphics are owned by HolaVida Health and cannot be used without our explicit permission.
By submitting any information to HolaVida Health via the Service, including data, comments, or suggestions, you grant us a worldwide, irrevocable, non-exclusive license to use, modify, reproduce, distribute, and display such submissions for the purposes of providing the Service. You confirm that you have the right to grant this license and that the intellectual property rights in your submissions have been fully waived.
If any submissions contain Protected Information, our rights to use or disclose such information will be subject to applicable laws.
You are prohibited from using the Service for any unlawful, fraudulent, or malicious activities. This includes but is not limited to attempting to gain unauthorized access to our systems, interfering with other users’ access to the Service, or engaging in activities that damage or disrupt the Service. You are also prohibited from using the Service to transmit harmful content such as viruses or unsolicited spam.
We reserve the right to take appropriate action, including suspending or terminating your access, in response to any violations of this policy. Additionally, we may cooperate with legal authorities in investigating any suspected criminal or civil violations.
In accordance with applicable laws, HolaVida Health reserves the right to disclose any information necessary to comply with legal obligations or governmental requests. We may also remove or refuse to post any content that violates this policy, at our sole discretion.
HolaVida Health reserves the right to monitor the general usage of our Service as deemed necessary, and to remove any materials that we, at our sole discretion, believe to be illegal, could expose HolaVida Health to potential liability, may violate this Agreement, or do not align with the intended purpose of the Service.
Services and products provided by entities other than HolaVida Health, such as Labs, Pharmacies, Medical Groups, and Providers, are made available through the Service (collectively referred to as "Third-Party Providers"). HolaVida Health may also offer for purchase certain services, items, or products produced, distributed, or sold by Third-Party Providers ("Third-Party Products and Services"). Any transactions, including payments, delivery, or other dealings with these Third-Party Providers, are solely between you and the Third-Party Providers. We encourage you to conduct thorough research before engaging in any transactions involving Third-Party Products and Services, either online or offline. You are solely responsible for your actions and should exercise good judgment and caution in using the Service and sharing personal information.
By using the Service, you acknowledge that HolaVida Health is not liable for any losses or damages arising from your use of Third-Party Products and Services or any interaction with Third-Party Providers. In the event of any dispute with a Third-Party Provider, user, or any other entity, you agree that HolaVida Health is under no obligation to intervene, and you release and indemnify HolaVida Health, its subsidiaries, affiliates, contractors, officers, and employees ("HolaVida Health Parties") from any and all claims, demands, or damages related to such disputes or the use of the Service. If you are a California resident, you also waive the rights granted by California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Please be aware that certain individuals associated with HolaVida Health, including shareholders, directors, officers, employees, contractors, or agents ("HolaVida Health Personnel"), may have a financial interest in one or more Third-Party Providers and may benefit from your use of their products or services.
All products offered for sale through HolaVida Health are subject to availability, and we retain the right to impose quantity limits on any order or to reject all or part of an order at our discretion. If an error occurs in processing your order, we reserve the right to correct it, including adjusting the price, or to cancel the order and refund any payments made. Product prices are subject to change at any time without prior notice. You are responsible for any taxes, fees, or levies ("Taxes") due on your purchase, including sales, use, or customs taxes. We may collect applicable Taxes if we determine a duty to do so and will provide an estimate of Taxes during the checkout process. Actual taxes may vary, and you may be responsible for reporting and paying any uncollected taxes.
Only valid payment methods accepted by HolaVida Health may be used for transactions. You warrant that you are authorized to use the payment method provided and agree to allow us to charge the total order amount (including taxes and shipping charges) to your payment method. If your payment method is declined, we will attempt to process the payment until it is approved. You agree that HolaVida Health may receive updated payment details from your payment provider and use such information for future purchases and subscriptions. If you opt to block this update service with your payment provider, you should contact them directly.
If any items in your order are unavailable, we will only charge for the products shipped. You may be asked to provide specific information, including payment details, billing, and shipping addresses, as part of your transaction. By providing this information, you authorize HolaVida Health to share such data with third parties (e.g., payment processors, vendors) as necessary to facilitate the transaction.
All monetary transactions conducted via the Service are processed by our third-party payment processors, such as Adyen and Stripe. You are encouraged to review their respective privacy policies and security practices, which are not part of this Agreement but are provided for informational purposes.
You agree to pay any shipping and handling fees associated with your purchase, and we may adjust these charges from time to time. Estimated delivery times are provided during checkout but are not guaranteed. Unless otherwise stated, the risk of loss or damage to products passes to you upon delivery to the carrier.
HolaVida Health reserves the right to address user concerns on a case-by-case basis and to resolve customer issues in a manner we deem appropriate, based on the specific facts and circumstances.
HolaVida Health reserves the right to suspend or terminate your access to the Service or any of its features at any time, for any reason, without prior notice. This may include, but is not limited to, violations of this Agreement, the termination of agreements with any Medical Groups, Labs, Pharmacies, or the discontinuation of the Service itself. Certain provisions of this Agreement, including those related to security, prohibited conduct, intellectual property rights, user content, disclaimers, liability limitations, dispute resolution, indemnity, and jurisdiction, will survive any termination of this Agreement or your relationship with HolaVida Health. Should your access to the Service be terminated as outlined in this Agreement, you agree not to attempt to use the Service under any name, real or assumed. Furthermore, if you violate this restriction after termination, you agree to indemnify and hold harmless HolaVida Health Parties from any liability resulting from such violation.
Unless otherwise stated in our Privacy Policy or as required by applicable law (such as providing access to health records), we have no obligation to return or provide you or any third party with any content, data you provided, or other information related to you after the termination of your access to the Service
The content and other information available through the service are provided solely for your convenience. Any reliance on this content is done at your own risk.
the service is provided "as is" and "as available. " your access and use of the service is voluntary and at your sole risk. To the fullest extent permitted by law, holavida health and any third parties providing products or services through the service, including medical groups, providers, labs, and pharmacies, disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, non-infringement, fitness for a particular purpose, and satisfactory quality. We do not warrant the accuracy, completeness, or reliability of the service or the content, products, services, or materials provided through the service. We cannot guarantee that the service will be free from errors, delays, interruptions, viruses, malware, or other issues.
To the maximum extent permitted by law, in no event shall holavida health be liable to you or any other person or entity for incidental, indirect, special, exemplary, or consequential damages, including but not limited to personal injury, emotional distress, wrongful death, loss of data, profits, or damages arising from your use or inability to use the service, content, products, or services provided through third parties. This applies whether such damages are based on warranty, contract, tort (including negligence), or other legal theory, and even if we have been advised of the possibility of such damages. Holavida health’s liability shall be limited to the actual damages incurred by you, not to exceed U.S. $1,000.
any claims arising out of your use of the service must be initiated within one (1) year from the date the event giving rise to the claim occurred.
some jurisdictions may not allow certain exclusions or limitations of warranties or liability. Where these limitations do not apply, our liability will be limited to the maximum extent allowed by law.
You agree to defend, indemnify, and hold harmless HolaVida Health, as well as any third parties offering products or services through the Service, including Medical Groups, Providers, Labs, and Pharmacies, from any claims, damages, losses, liabilities, and expenses (including attorney’s fees) arising from your use of the Service, fraud, legal violations, or willful misconduct. You also agree to cooperate with us in the defense of any claims for which we are entitled to indemnification.
Any notices from HolaVida Health regarding this Agreement or the Service may be sent to you via email, posted notice on the Service, or regular mail, at our sole discretion.
When you access or use the Service or send messages via email or SMS to us, Medical Groups, or their Providers, you are communicating electronically. By doing so, you consent to receive communications from us and these entities electronically. We will communicate with you through email, SMS, or through the Service itself. You agree that all communications provided electronically satisfy any legal requirement that such communications be in writing. Notices provided electronically are deemed to be received on the date they are transmitted.
It is HolaVida Health's policy to suspend access to the Service for users who repeatedly infringe on copyrights, following prompt notification from the copyright owner or their legal agent. If you believe your copyrighted work has been infringed upon on the Service, please provide the following information to our Copyright Agent: (1) your signature or the signature of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work claimed to be infringed; (3) a description of where the alleged infringing material is located on the Service; (4) your contact details, including address, phone number, and email address; (5) a statement affirming your good faith belief that the use of the work is not authorized by the copyright owner; and (6) a statement under penalty of perjury confirming the accuracy of the information and your authority to act on behalf of the copyright owner. You may contact our Copyright Agent at: legal@holavidahealth.com.
This Agreement, along with any other agreements posted on the Service or executed between you and HolaVida Health, constitutes the entire understanding between you and HolaVida Health regarding the use of the Service and supersedes any previous agreements between us.
You and hola vida health, inc. (and our affiliates, providers, medical groups, pharmacies, and labs) agree that any dispute, claim, or controversy arising out of or relating in any way to your use of our services, the platform, content, or any other associated services, including claims related to the validity or enforceability of this agreement (referred to as "disputes"), that cannot be resolved through informal means, will be resolved exclusively through binding arbitration, rather than in court, except where required by law. Such arbitration will be administered by a single neutral arbitrator under the rules of a reputable arbitration organization, such as the american arbitration association (“aaa”) or similar entity. Both parties agree that arbitration will be conducted in accordance with these rules and procedures. You understand that this means you are waiving your right to a jury trial and to pursue a claim in court.
"dispute" shall include claims arising before the effective date of this agreement or prior versions, as well as claims that may arise after the termination of this agreement.
before initiating formal arbitration, both parties commit to attempting to resolve any dispute through a good-faith informal process (the “informal dispute resolution process”). This process involves direct communication between the parties, either via phone or video conference, to attempt resolution before moving forward with arbitration. You may be represented by legal counsel during this process, but you must also participate.
to initiate this process, the party wishing to resolve a dispute must send written notice to the other party specifying the nature of the dispute and the desired resolution (the "notice"). The notice should be provided within forty-five (45) days of the other party’s receipt of the notice, or as mutually agreed upon by both parties. If you are initiating a dispute, the notice must be sent to hola vida health, inc. At admin@holavida. Com. The notice should include: (1) your contact details, (2) your legal representative's contact details (if applicable), and (3) a description of the dispute. Both parties must sign the notice for it to be valid.
if the dispute is not resolved within thirty (30) days of the informal dispute resolution process, either party may then proceed to arbitration.
arbitration is designed to be a more streamlined process compared to litigation. The arbitration will take place in either your county or in san francisco, california, unless both parties agree to another location. The arbitrator's decision will be binding and enforceable in any court with appropriate jurisdiction.
the initiating party must submit a written request to begin arbitration, outlining the dispute and any relief sought, along with certification that the informal dispute resolution process has been completed. Both parties agree to follow the arbitration rules set forth by the arbitrating body, including payment of applicable fees, which will be split as per the body’s guidelines.
in the event that the arbitrator determines a claim is pursued in bad faith or for improper purposes, the arbitrator may impose sanctions, including requiring the party that initiated arbitration to reimburse the other party for its arbitration-related costs and fees.
arbitration will be conducted on an individual basis, meaning claims cannot be joined or consolidated with those of others. No class, collective, or representative claims are permitted in arbitration. All claims must be resolved individually and exclusively for the party making the claim.
however, in cases involving violations of intellectual property rights or specific types of legal claims, either party may seek immediate legal relief in court. In such cases, both parties agree to submit to the jurisdiction of the courts in san francisco, california.
if you do not wish to be bound by this arbitration agreement, you may opt out within thirty (30) days of accepting this agreement. To opt out, you must send a written request to admin@holavida. Com, clearly stating your intention to opt out of arbitration.
any future material changes to this arbitration provision will not apply to disputes for which a notice has already been given in accordance with the terms of this agreement.
Any third-party software, products, or services used in conjunction with our Service will be subject to the respective third party's terms and conditions, including any applicable licenses, and if no such terms exist, this Agreement shall govern. You agree to comply with any applicable third-party terms when using the Service, in addition to this Agreement.
Except as expressly outlined herein, including indemnification provisions in favor of HolaVida Health, its affiliates, medical providers, pharmacies, laboratories, and other service partners, and the arbitration agreement, both parties affirm that there is no intention to grant third-party beneficiary rights or any similar rights to any individual, subcontractor, or other third party. Unless specifically stated in this Agreement, no third party shall have the right to enforce or benefit from any provision established under this Agreement.
For any inquiries or concerns regarding this Agreement, please reach out to our Customer Support team. We will make every effort to address your questions or concerns promptly upon receipt.
Last updated: April 04, 2025
.webp)
.svg)