Alchemical Transformations Health Services, P.C.
Last Updated: May 04, 2025
By accessing, registering for, or otherwise using our Platform and telemedicine services, you confirm that you have read, understand, and agree to be bound by these Terms and Conditions, along with any additional policies referenced herein. You represent that you have the legal capacity to enter into this agreement and that you consent to all of the provisions detailed in these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Platform and services immediately.
The telemedicine services offered through our Platform are not intended for medical emergencies or situations requiring immediate, in-person treatment. If you believe you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency department.
INTRODUCTION
Welcome to Alchemical Transformations Health Services, P.C. (“ATHS,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to use of the services, content, features, and functionalities provided through our official website, applications, telemedicine platforms, and affiliated systems (collectively, the “Platform”). By accessing, registering for, or using our Platform, you agree to be bound by these Terms and Conditions, as well as any additional policies or guidelines referenced herein.
At ATHS, we are committed to providing high-quality, patient-centered healthcare through telemedicine consultations. Our services are designed to enhance the convenience and accessibility of healthcare while ensuring that patient privacy and confidentiality are maintained at all times. These Terms outline the legal rights and responsibilities of both you, the user, and us, the service provider, in relation to your use of our Platform and services.
By using our Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with any part of these Terms, you should not access or use our Platform. These Terms apply to all users, including patients, visitors, and any other individuals who interact with our Platform.
Our services are only available to individuals who are 18 years of age or older and are residents of Texas. You are required to provide accurate and truthful information when engaging with our Platform, including verifying your age and residency. By using our services, you consent to the collection, use, and processing of your personal and health-related information in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
We reserve the right to modify, amend, or update these Terms at any time to reflect changes in our practices, legal obligations, or regulatory requirements. Any updates will be effective immediately upon posting on our Platform, and your continued use of our Platform after such changes constitutes your acceptance of the revised Terms.
If you have any questions or concerns regarding these Terms and Conditions, please contact us using the information provided in the Contact Us section of our Platform.
ELIGIBILITY AND REGISTRATION
To use our telemedicine services, you must meet the following conditions:
- Age Requirement: You must be at least 18 years old to access our services.
- Geographical Requirement: You must be a resident of the state of Texas. By using our Platform, you agree to provide valid proof of residency, such as a government-issued ID, to confirm your eligibility.
- Health Conditions: You must acknowledge that telemedicine consultations are appropriate for your healthcare needs. While we offer a broad range of healthcare services, not all conditions can be treated through telemedicine. If necessary, we may advise that you visit an in-person provider or another healthcare entity for care that requires physical examination or treatments beyond the scope of telemedicine.
If you do not meet the eligibility requirements, you must refrain from using our services. We reserve the right to verify your eligibility and, if you are found not to meet the criteria, deny or terminate your access to our Platform.
To access and utilize our telemedicine services, creating an account on our third-party Platform partners is recommended to ensure a complete and secure experience. While it’s possible to receive a consultation without using these platforms, having an account provides you with a more streamlined and secure process, including access to your health records. The registration process involves the following steps:
- Provide Personal Information: You must submit accurate and truthful personal information to create your patient profile. This information includes but is not limited to your full name, date of birth, residential address, contact information, and proof of Texas residency.
- Telehealth Informed Consent Form: You must complete and sign our Telehealth Informed Consent Form. This document provides detailed information about telemedicine services, the risks and benefits, and your rights as a patient. By signing this form, you acknowledge your understanding and consent to receive telehealth services.
- Consent for Communication: You will also need to agree to a consent for communication, which ensures that you are aware of the ways in which we may contact you regarding your care.
- HIPAA Notice of Privacy Practices: You must read and acknowledge our HIPAA Notice of Privacy Practices, which explains how your personal health information (PHI) will be collected, used, stored, and protected in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and associated regulations. By agreeing to this notice, you consent to our practices related to the handling of your PHI.
- Create a Secure Patient Profile: After submitting your personal information and consent forms, a secure patient profile will be created within our electronic health record (EHR) system. This profile will be used to manage your medical history, appointment details, prescriptions, and any other information necessary to provide care.
- Third-Party Platforms: You will also be prompted to register and create accounts with third-party platforms, such as Spruce Health and Elation Passport, which are used for secure communication with our healthcare providers. These platforms are HIPAA-compliant and ensure that all interactions with us are encrypted and secure.
SERVICES PROVIDED
At ATHS, we offer a comprehensive range of telemedicine services designed to provide high-quality healthcare (“Services”) that is both convenient and accessible. Our Services are delivered entirely online, enabling you to access professional medical consultations, receive prescriptions (when medically appropriate), and coordinate lab work, all from the comfort and privacy of your own home.
Our core service offering is telemedicine consultations, where licensed healthcare professionals, including physicians and nurse practitioners, conduct comprehensive assessments via secure video or phone calls. During these consultations, our providers listen to your medical concerns, assess your symptoms, and provide personalized treatment recommendations based on your health needs. We are here to provide effective and compassionate care. Each consultation results in a tailored treatment plan that may include lifestyle advice, prescriptions (if appropriate), or follow-up appointments to ensure that you are progressing toward better health.
In some cases, our providers may determine that blood work is needed as part of your care plan. If blood work is required, we will issue a requisition form that you can take to a third-party laboratory, such as Quest Diagnostics, where the tests will be conducted. Once the results are available, they will be sent to us for review, and your provider will discuss the findings with you.
This coordination with third-party labs ensures that you receive the necessary diagnostic services to support your treatment.
At your request, you may choose to have your blood drawn at home or at another location by an independent, third‑party mobile phlebotomy service. You are solely responsible for selecting, scheduling, and paying the mobile phlebotomist, and ATHS does not control, supervise, or warrant the quality, safety, or timeliness of any mobile phlebotomy services. By opting for this service, you authorize the mobile phlebotomist to collect your specimen and deliver the ordered tests to the patient selected lab, so that your provider can review and discuss them with you. All specimens, data, and results handled by the mobile phlebotomy service are governed by that provider’s own privacy and safety policies, for which we assume no liability.
To facilitate seamless communication and maintain the highest levels of security, we use HIPAA-compliant third-party platforms such as Spruce Health and Elation Passport. These platforms allow us to securely message you, schedule appointments, and manage your healthcare records. You may use these platforms to communicate with our providers, access your medical records, and receive consultation updates. All data exchanged through these systems is encrypted to protect your privacy and ensure that your health information remains confidential.
We offer flexible scheduling for your telemedicine consultations, and you can easily book an appointment through our platform after submitting the required information and payment for your consultation. You will receive an appointment confirmation, and reminders will be sent to ensure you are prepared for your visit. Our providers are available during regular business hours, and we aim to accommodate your schedule as much as possible. However, please note that telemedicine consultations may not be suitable for all health concerns. If an in-person visit is necessary, we will advise you accordingly.
For those seeking prescriptions, we work with accredited pharmacies to fulfill medication orders, but please note that prescriptions are not guaranteed. After your consultation, our healthcare providers will assess your needs and determine if a prescription is appropriate. Once a prescription is approved, it will be sent directly to the pharmacy, where it will be filled and shipped to your designated address.
Throughout your care journey, we prioritize your privacy and security. All services are provided in full compliance with HIPAA and the Texas Medical Records Privacy Act, ensuring that your PHI is securely stored, managed, and transmitted. You can rest assured that we take all necessary steps to protect your data, from the moment you share it with us to the completion of your treatment plan.
ATHS is affiliated with Alchemical Transformations Management Group, LLC (“ATMGMT”), where ATMGMT provides management and administrative services to ATHS. Clinical services are rendered by ATHS. Administrative, technology, billing, and support services are provided by ATMGMT, a management services organization (“MSO”). You authorize ATHS to share your Protected Health Information with the MSO solely for payment and health‑care‑operations purposes. The MSO acts as ATHS’ Business Associate under 45 C.F.R. §164.502(e) and is contractually required to safeguard your information in accordance with our HIPAA Notice of Privacy Practices.
While we strive to provide comprehensive care remotely, there may be instances where an in-person visit is required for certain conditions. In these cases, our healthcare providers will discuss the next steps with you and help coordinate any necessary referrals.
The telemedicine services offered through our Platform are not intended for medical emergencies or situations requiring immediate, in-person treatment. If you believe you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency department.
Our Providers are not equipped to handle life-threatening conditions or provide emergency care. By using our Platform, you acknowledge and agree that you will not seek emergency or urgent care through our telemedicine services. Any delay in seeking formal emergency care could result in serious harm or death, for which we are not responsible or liable.
We are constantly improving our services to better meet your healthcare needs. As such, we reserve the right to modify, update, or discontinue any of our services. If any changes are made, we will inform you through email or platform notifications to ensure you are always up to date with the services we provide.
CASH PAY, NO INSURANCE ACCEPTED
Our telemedicine services operate on a cash-pay basis only. We do not accept or bill private health insurance, Medicare, Medicaid, or any other government health programs. By using our Platform, you acknowledge and agree that:
- You Are Responsible for Payment: You will be solely responsible for paying all fees associated with consultations, prescriptions, lab work, or any other services provided.
- No Claims Submission: We will not submit any claims on your behalf to insurance providers, nor will we provide claim forms or assist with claim adjudication.
- No Obligation for Reimbursement: You understand that certain insurers or programs may not reimburse you for any services received from us, and we make no representation regarding potential coverage or reimbursement.
- Patient Acknowledgment: By proceeding with our services, you expressly waive any requirement for direct insurance billing or insurance network participation from our providers.
PAYMENT TERMS
Our telemedicine consultations, prescription medications (if approved), and blood work services are subject to payment prior to or following the service, depending on the type of service provided. All payments for services are processed through secure third-party payment processors, ensuring that your financial information is handled securely and in compliance with industry standards.
- Consultation Fees: The fee for your telemedicine consultation will be invoiced and must be paid before your consultation is scheduled. Once payment is received, we will confirm your appointment and send you a reminder.
- Blood Work Fees: If blood work is required as part of your treatment plan, you will be invoiced for the cost of the required tests prior to your appointment. Payment for blood work is made in advance, and you will receive a requisition form to visit an accredited third-party laboratory (such as Quest Diagnostics) for testing.
- Prescription Fees: If a prescription is provided during your telemedicine consultation, the cost of the prescribed medication will be invoiced and must be paid separately from the consultation fee. Medications will be shipped to the address you provide once the payment for the prescription is processed.
We accept payment through a variety of secure methods, including major credit cards, debit cards, and online payment platforms. When making payments, you will be asked to provide your payment information through a secure, encrypted form on our platform. All payments are processed securely, and your payment details are handled in accordance with Payment Card Industry Data Security Standards (PCI DSS) to ensure the highest level of security.
Please note that while we make every effort to ensure the availability of services upon payment, the approval of certain services, such as prescriptions, is subject to our healthcare providers’ professional judgment. Payment for services does not guarantee that all requested services will be provided, as treatment decisions are made based on medical necessity.
Only payment methods approved by us may be used to complete a purchase through our Services. By submitting an order, you represent and warrant that you are authorized to use the payment method you provide. You further authorize us to charge the full amount of your order, including any applicable taxes, shipping, and handling fees to your designated payment method. In the event your payment method is declined, we may continue to attempt to process the charge until it is approved.
We and our third-party payment service providers may receive updated payment information from your card issuer (such as new card numbers or updated expiration dates) when your current card expires. If such updated information is provided, you consent to us updating your account details and using this revised information to process future payments and any recurring subscription charges, including all applicable taxes and fees. Your card issuer may offer you an option to opt out of sharing updated information with vendors and their payment processors. If you wish to opt out, please contact your card issuer directly. We are not responsible for any fees or charges that your bank or card issuer may impose. Additionally, if your bank or card issuer reverses a charge, we may charge your account again by an alternative method, which could include a mailed invoice.
By providing such information, you irrevocably and without charge authorize Alchemical Transformations Health Services, PC, to share your information, and any future updates we receive, with our designated third-party partners (including payment processors, buyers, and sellers on the Services) solely for the purpose of facilitating your transaction. This authorization is granted worldwide and in perpetuity, without further compensation or restriction.
We understand that circumstances may change, and you may need to cancel or reschedule your consultation. Please refer to our Refund and Cancellation Policy, which is available on our FAQ page, for more information on how cancellations and refunds are handled. In general, refunds will be provided in accordance with our policy, which ensures that you are treated fairly if you need to cancel or reschedule your appointment.
- Cancellation: If you cancel your consultation within a specified time frame (as outlined in our Refund and Cancellation Policy), you will receive a full refund. Cancellations made after the specified period may not be refunded.
- Refunds: If you are entitled to a refund under our Refund and Cancellation Policy, the refund will be processed to the original payment method used. Refunds are subject to approval and may take several business days to be reflected in your account.
If you fail to make payment within the required time frame for any service, we reserve the right to suspend or deny access to our services until payment is received. If payment is not made within 30 days of the due date, we may initiate further actions to recover the outstanding balance, including involving collections agencies, where permitted by law. You agree to be responsible for any costs associated with the recovery of unpaid fees, including legal fees and collection costs.
By choosing our service, you understand that all tests, prescriptions, and other care are paid for out of pocket, and neither you nor ATHS, nor our partner labs, pharmacies, or clinicians will submit any bills to Medicare, Medicaid, or other government health programs for those costs.
All payments are processed through third-party payment processors. These processors may collect certain personal and payment information from you. By using our services, you agree to their terms and privacy policies in addition to our own. We are not responsible for the processing of your payment beyond ensuring that the payment platform complies with applicable security standards.
We strive to keep our pricing transparent and free of hidden fees. The cost of each service is clearly outlined before you proceed with payment, and you will be informed of any additional fees, such as those for blood work or prescription medications, prior to finalizing your purchase. Any changes to our pricing will be communicated to you before new rates are applied.
You are responsible for any applicable taxes associated with the services provided by us. Depending on your location, sales tax or other applicable taxes may be charged in addition to the fees for services. The applicable tax amount will be clearly displayed at the time of payment.
LICENSE TO USE
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal, non-commercial purposes. This license is provided strictly in accordance with these Terms and does not grant you any ownership rights to the Services, content, or data accessed through the platform.
You may use the Services only as intended and in compliance with applicable laws and regulations. Any unauthorized use of the Services, including but not limited to scraping, copying, reproducing, distributing, modifying, or reverse-engineering the platform, its content, or associated software, is strictly prohibited. You may not attempt to interfere with or disrupt the functionality of the Services, circumvent any security measures, or engage in any activity that compromises the integrity of the platform.
This license is contingent upon your adherence to these Terms. We reserve the right to suspend, terminate, or restrict your access to the Services if you violate these Terms or engage in any unauthorized or abusive behavior. The license automatically terminates if your access to the Services is canceled, terminated, or otherwise restricted.
All rights not expressly granted to you under these Terms are reserved by us and our licensors. You acknowledge and agree that the Services, including any associated intellectual property, are protected by copyright, trademark, and other applicable laws. Any unauthorized use of the Services will result in the immediate termination of this license and may subject you to civil and criminal penalties.
CONTENT
All content provided through our Platform, including text, graphics, images, videos, audio clips, and other materials, is owned by Alchemical Transformations or its content providers, and is protected by copyright, trademark, and other intellectual property laws. You may view, download, or print the content for personal, non-commercial use, but you may not modify, reproduce, distribute, or otherwise use the content for commercial purposes without our prior written permission.
We may allow users to submit or upload content, including medical documents, personal health data, or other materials, through third-party platforms such as Spruce Health or Elation Passport. Any content submitted by users remains the property of the user, but by submitting content to our Platform, you grant us a non-exclusive, royalty-free, worldwide license to use, store, and process your content solely for the purpose of providing our telemedicine services to you. You are solely responsible for the content you upload or submit, and you agree that you will not submit any content that:
- Violates any applicable laws or regulations,
- Contains defamatory, offensive, or harmful material,
- Infringes on the intellectual property or privacy rights of others.
If you violate these guidelines, we may remove your content and suspend or terminate your access to our services.
You understand that any medical information relating to the services we provide shall be included in your medical record. While we own that medical record, the HIPAA Privacy Rule and Texas law give you rights to your medical record, including the right to see and get a copy and to correct your medical record.
While we strive to provide accurate and up-to-date health information, the content available on our Platform is provided for general informational purposes only and should not be considered a substitute for professional medical advice. Always seek the advice of your healthcare provider with any questions you may have regarding a medical condition. We do not guarantee the accuracy, completeness, or reliability of any content, and we disclaim all liability for any errors or omissions in the content provided on our Platform.
Our Platform may contain links or references to third-party websites, articles, or content. These links are provided for convenience and informational purposes only. We do not endorse, control, or assume responsibility for the content, products, or services offered by third parties. Accessing third-party websites is done at your own risk, and you are advised to review their terms of use and privacy policies before engaging with such content.
We reserve the right to modify, update, or remove any content from our Platform at any time, without prior notice. Content may be updated to reflect changes in medical guidelines, laws, or our service offerings. However, we make no commitment to updating the content regularly or to maintaining the accuracy of outdated information.
You are responsible for ensuring that the content you share with us is accurate and complete. You must not submit any content that violates any laws, infringes on the rights of others, or poses a risk to the safety or well-being of others. If you notice any incorrect or harmful content, please contact us immediately.
RESERVED RIGHTS
We reserve the right, at our sole discretion, to modify, suspend, or terminate any aspect of the Services at any time, without prior notice or liability. This includes, but is not limited to, changes to the functionality, features, plans, or availability of the Services. We may also impose limitations on certain features, restrict access to parts or all of the Services, or discontinue specific offerings entirely. We further reserve the right to:
- Modify these Terms at any time. Any changes will be effective upon posting on our website or notification to you. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
- Refuse or restrict access to the Services for any user, at our sole discretion, including in cases of suspected misuse, violation of these Terms, or fraudulent activity.
- Monitor, review, or remove any content or activity on the platform that we deem inappropriate, harmful, or in violation of these Terms, without notice or liability.
- Enforce compliance with these Terms and applicable laws through any lawful means, including account suspension or termination.
All intellectual property rights in and to the Services, including but not limited to software, content, trademarks, logos, and trade secrets, remain the sole property of their respective owners. Nothing in these Terms shall be construed as transferring or granting any rights other than those expressly set forth herein.
By using the Services, you acknowledge and agree to these reserved rights and accept that any changes or decisions made under this section are final and binding. If you do not agree with any modifications to the Services or these Terms, your sole remedy is to discontinue your use of the Services.
TERMS OF SALE
All sales of prescription products are final and non-refundable. If you receive a damaged product, please notify us within three (3) days of receiving the product. You will need to provide photographic evidence of the damage for us to initiate the return process. Prescription products are not eligible for returns under any other circumstances. To report a damaged product or initiate the return process, please contact us at [email protected].
All sales of diagnostic laboratory panels are final and non-refundable. By purchasing a lab panel, you acknowledge and agree to this policy. Once the requisition form is provided and the lab work has been ordered, no refunds will be issued.
Telemedicine consultation appointments must be canceled at least twenty-four (24) hours before your scheduled appointment to qualify for a refund. To request a refund, the cancellation must be submitted in accordance with this policy. Appointments canceled less than twenty-four (24) hours before the scheduled consultation will not be eligible for a refund but may be rescheduled at no additional charge. To cancel or reschedule your appointment, please contact us via any of the following methods:
- Messaging us through the Spruce Health app or your Elation Passport account
- Emailing us at [email protected]
- Calling us at (972) 846-0705
If you miss your scheduled consultation without prior notice, referred to as a “no-show,” you will not be eligible for a refund. However, you may reschedule your appointment, subject to the following rescheduling fees:
- New Patients: A fee of $50.00 will be required to reschedule.
- Established Patients: A nominal fee of $10.00 will be required to reschedule.
To reschedule after a no-show, please contact us through one of the following methods:
- Messaging us via the Spruce Health app or your Elation Passport account
- Emailing us at [email protected]
- Calling us at (972) 846-0705
We understand that life can be unpredictable, and we strive to accommodate changes to your schedule. If you need to reschedule your consultation, please notify us as soon as possible. However, rescheduling requests made less than 24 hours before your original scheduled consultation will not be eligible for a refund and will be subject to the terms outlined under Cancellations and No-Shows. To initiate rescheduling, please contact us through one of the following methods:
- Messaging us via the Spruce Health app or your Elation Passport account
- Emailing us at [email protected]
- Calling us at (972) 846-0705
USER OBLIGATIONS
By accessing or using the Services, you agree to comply with all obligations outlined in these Terms. Your use of the Services is conditioned upon your adherence to the following requirements:
- Lawful and Ethical Use: You agree to use the Services only for lawful purposes and in accordance with all applicable laws, regulations, and these Terms. You may not use the Services for any unlawful, fraudulent, or malicious activities, including but not limited to harassment, stalking, defamation, or identity theft. The Services must not be used to infringe upon the privacy, rights, or legal protections of others.
- Personal Use: The Services are provided solely for your personal, non-commercial use. You are prohibited from reselling, distributing, or sharing information obtained through the Services with any third party without our prior written consent.
- Accuracy of Information: You are responsible for providing accurate, current, and complete information when creating an account and throughout your use of the Services. Misrepresentation of your identity, purpose, or other relevant details is strictly prohibited and may result in the suspension or termination of your account.
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. If you suspect unauthorized access to your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
- Prohibition on Unauthorized Access: You may not attempt to gain unauthorized access to the Services, servers, or databases, nor may you interfere with or disrupt the operation of the platform. This includes but is not limited to using automated tools, bots, or scripts to access or extract data, reverse-engineering the platform, or deploying malware or other harmful software.
- Compliance with Disclaimers and Limitations: You acknowledge and agree to abide by all disclaimers, warnings, and limitations provided within these Terms or on the platform. This includes understanding the inherent limitations of the data and the permissible uses of the Services.
Failure to adhere to these obligations constitutes a breach of these Terms and may result in the suspension or termination of your account, as well as potential legal action. By using the Services, you accept full responsibility for your actions and agree to indemnify us against any claims, damages, or liabilities arising from your misuse of the Services. You further acknowledge that you are solely responsible for ensuring that your use of the Services is lawful and compliant with all applicable laws.
RESTRICTIONS ON USE
Your access to and use of the Services is subject to the following restrictions. By using the Services, you agree not to engage in any activity that violates these Terms or applicable laws, including but not limited to:
- Unauthorized Access: You may not attempt to gain unauthorized access to the Services, servers, systems, or networks connected to the platform. This includes, but is not limited to, hacking, password mining, or any other means of circumventing security measures.
- Automated Data Collection: The use of bots, scripts, crawlers, or other automated tools to scrape, extract, or harvest data from the Services is strictly prohibited. All data must be accessed manually through authorized methods provided by the platform.
- Reverse Engineering: You may not attempt to decompile, reverse-engineer, disassemble, or otherwise manipulate the underlying code, algorithms, or architecture of the platform.
- Disruption of Services: You may not engage in any activity that interferes with or disrupts the functionality or performance of the platform, including overloading servers, introducing malicious software, or engaging in denial-of-service attacks.
- Impersonation and Misrepresentation: You may not impersonate any individual or entity or misrepresent your identity, intent, or affiliation when using the Services. Misuse of the platform to conduct fraudulent or deceptive activities is strictly prohibited.
- Prohibited Content: You may not upload, post, or transmit any content through the Services that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
- Illegal Activities: Users shall not use the Service for any unlawful purposes, nor in furtherance of illegal activities. This includes, but is not limited to, engaging in fraud, theft, or any other criminal behavior.
- Harassment and Abuse: Users must not engage in harassment, bullying, stalking, or any other behavior that is intended to threaten, intimidate, or coerce other users or individuals. This includes the use of abusive, defamatory, offensive, or obscene language and content.
- Spam and Malware Distribution: Users must not use the Service to transmit spam, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. The distribution of viruses, malware, or any other harmful or destructive software or data is also strictly prohibited.
- Interference with the Service: Users shall not interfere with or disrupt the Service or servers or networks connected to the Service, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
- Bypassing Security Measures: Attempting to bypass any measures ATHS may use to prevent or restrict access to the Service, including attempting to access areas or features of the Service for which the user does not have access rights, is strictly prohibited.
- Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Services. This includes but is not limited to data protection laws, privacy laws, and intellectual property laws.
Violating these restrictions may result in the suspension or termination of your account, denial of access to the Services, and potential legal action. We reserve the right to investigate suspected violations and take appropriate action, including reporting unlawful activities to law enforcement authorities.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the operators of the Services, their affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your Use of the Services: Any misuse, unauthorized use, or illegal activity involving the Services or information obtained through the Services, including violations of these Terms or applicable laws.
- Breach of Agreement: Your breach or violation of any provision of these Terms, including but not limited to representations, warranties, or obligations outlined herein.
- Third-Party Claims: Any claims made by third parties arising from or related to your use of the Services, including claims alleging unauthorized access, misuse of information, or infringement of intellectual property, privacy, or other rights.
- Account Security: Any unauthorized activity conducted through your account, whether by you or any person who accesses the Services using your credentials.
The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with the defense of such claims and refrain from entering any settlement that imposes liability or obligations on the Indemnified Parties without their prior written consent.
This indemnification obligation survives the termination of your use of the Services or the expiration of these Terms. You acknowledge and agree that your indemnification obligations are intended to protect the Indemnified Parties from any harm or liability resulting from your actions or misuse of the Services.
DISCLAIMER OF WARRANTIES
The telemedicine services, content, and information provided on or through our platform (collectively, the “services”) are offered on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Alchemical Transformations Health Services, PC, and all third-party partners providing products or services, including the providers, the laboratories, and the pharmacies disclaim all warranties—whether express, implied, statutory, or otherwise—including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
We make no guarantees or representations regarding the completeness, reliability, or effectiveness of the information or services you receive. Healthcare is inherently individualized, and outcomes may vary depending on multiple factors beyond our control.
We do not guarantee that your use of the services will be uninterrupted, error-free, or completely secure. We also do not guarantee that any telemedicine session or transmission of information will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions.
All medical decisions, diagnoses, and treatment recommendations provided are based on the professional judgment of our licensed healthcare providers, relying on the information you have provided. We cannot warrant the efficacy or appropriateness of any specific course of treatment in all cases.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Alchemical Transformations Health Services, PC (“ATHS” “we,” “us,” or “our”), and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of our platform, telemedicine services, or any related products or services, even if we have been advised of the possibility of such damages.
Our total liability to you for any and all claims, losses, or damages arising out of or in connection with these terms and conditions, your use of our services, or your interactions with our platform, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you for the service giving rise to the claim in the six (6) months immediately preceding the event giving rise to such claim.
Certain jurisdictions do not allow the exclusion of implied warranties. Therefore, some or all of the above disclaimers may not apply to you, and you may have additional rights under the laws of your jurisdiction. Please consult your local laws for more information.
ARBITRATION AGREEMENT/CLASS WAIVER
Prior to initiating any formal proceedings, including arbitration or litigation, regarding any dispute, claim, or controversy (“Dispute”) arising out of or relating to these Terms and Conditions the parties shall endeavor to resolve the matter amicably through an Informal Dispute Resolution Conference. Any party seeking resolution shall submit a written request to the other party detailing the nature of the Dispute and proposing one or more dates and times for the conference. Upon receipt of such a request, the parties shall confer, promptly and in good faith, on the schedule of the conference within thirty (30) business days of the request. Notice should be sent to [email protected] or by mail to 5301 Alpha Road, Suite 80-112, Dallas, Texas, 75240. The conference shall be conducted by telephone, via video conference, or in person, as mutually agreed by the parties, and each party shall be entitled to counsel and the opportunity to present pertinent facts or evidence. All discussions, communications, and documents exchanged in connection with the conference shall be treated as confidential and shall not be disclosed to any third party without the express written consent of the other party, except as necessary to enforce any settlement reached or as required by law. The proceedings and discussions during the conference are non-binding, shall not constitute admission of liability, and will not prejudice any party’s rights; no party shall be obligated to settle the Dispute solely as a result of the conference. Each party shall bear its own costs and expenses incurred in connection with the conference unless the parties otherwise mutually agree in writing. In the event the Dispute is not resolved to the mutual satisfaction of the parties during the Informal Dispute Resolution Conference, either party may proceed to invoke the formal dispute resolution procedures provided herein without waiving any rights.
Any disputes, claims, or controversies arising out of or relating to these terms, the services, or your use of the platform (“disputes”) shall be resolved exclusively through binding arbitration, rather than in court, except as expressly provided herein. Arbitration will be conducted by the American Arbitration Association (AAA) under its consumer arbitration rules. The arbitration shall occur in Texas, and the proceedings will be conducted in English. A single arbitrator shall oversee the arbitration, with the authority to award all remedies available under applicable law, including injunctive or declaratory relief and attorneys’ fees. The arbitrator’s decision will be final and binding, and judgment may be entered in any court with jurisdiction.
The costs of arbitration shall be shared as outlined in the AAA rules. Either party may bring a claim in small claims court in Texas for disputes within that court’s jurisdiction. Additionally, we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property rights or enforce these terms. The federal arbitration act, 9 U.S.C. § 1 et seq will govern the interpretation and enforcement of this arbitration agreement and any arbitration proceedings.
In order to expedite dispute resolution and reduce administrative burdens, you and we agree that if one hundred (100) or more individual arbitrations involving substantially similar claims, claims arising from the same event, act, omission, practice, or factual scenario and involving similar legal issues and relief are initiated within any thirty (30) day period, the American Arbitration Association (“AAA”) shall administer these arbitrations in consolidated batches. Each batch shall consist of up to one hundred (100) arbitrations (with any remaining claims forming a final batch), with a single arbitrator appointed for each batch. Each batch proceeding will operate under one procedural calendar, include one hearing (if any), and result in one final award, with filing and administrative fees assessed on a per-batch basis.
If a dispute arises as to whether claims are sufficiently similar to be batched, the AAA shall appoint a sole Administrative Arbitrator to promptly determine the applicability of the Batch Arbitration process, with any fees incurred for such determination to be borne by us. The parties agree to cooperate fully with the AAA and any designated special masters, including a discovery special master, if necessary, to expedite proceedings and minimize time and costs.
You may opt out of individual or batch arbitration by providing written notice within thirty (30) days of your first use of the services. The opt-out notice must include your name, address, and a clear statement of your intent to opt out of arbitration and must be sent to [email protected]. This arbitration provision is governed by the federal arbitration act and applicable Texas law.
Furthermore, before initiating any arbitration, you must submit a written Notice of Dispute that includes your contact details, a detailed description of the dispute, and the relief you seek; similarly, we will provide written notice before commencing arbitration against you. Any material modifications to these arbitration provisions will not affect disputes for which a Notice of Dispute has already been provided, and any opt-out made under a prior version of these Terms shall remain effective. This Batch Arbitration process is intended solely to facilitate the efficient resolution of individual disputes and shall not be construed to authorize class, collective, or consolidated claims, except as expressly provided herein.
If any portion of this arbitration agreement is deemed unenforceable, the remaining portions shall remain in force and effect, except that if the waiver of class actions is deemed unenforceable, the entire arbitration agreement shall be null and void.
By using the services, you agree that any disputes, claims, or controversies arising out of or related to these terms, the services, or your use of the services will be resolved exclusively on an individual basis. You expressly waive your right to bring or participate in any class, collective, consolidated, or representative action against the services or their operators. Arbitration or any other legal proceeding related to a dispute under these terms shall be conducted solely on an individual basis, and no class arbitrations, class actions, or private attorney general actions will be permitted.
This class action waiver is a material and non-severable part of these terms. By agreeing to this provision, you acknowledge that you are waiving the right to a trial by jury and the right to participate as a plaintiff or class member in any purported class or representative proceeding. If this waiver is found to be unenforceable or invalid in any jurisdiction, all other provisions of these terms shall remain enforceable to the fullest extent permitted by law.
For more information on arbitration, you may call AAA at (800) 778-7879 or visit the AAA website, www.adr.org.
DATA PRIVACY
We collect, use, store, and share your data in accordance with our Privacy Policy, which outlines the types of information we collect, how we use and protect it, and your rights regarding your data.
We comply with all applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Texas Medical Records Privacy Act, and take all necessary measures to ensure the confidentiality, integrity, and security of your information. For full details on how we handle your data, please refer to our Privacy Policy. By using our Services, you acknowledge and consent to the practices described in our Privacy Policy.
FORCE MAJEURE
Neither party shall be held liable for any failure or delay in performing their obligations under these Terms and Conditions if such failure or delay is caused by events beyond their reasonable control, including but not limited to natural disasters, acts of government, pandemics, fire, flood, war, terrorism, labor strikes, technical failures, or any other unforeseen circumstances that prevent or hinder performance (a “Force Majeure Event”).
In the event of a Force Majeure Event, the affected party shall promptly notify the other party of the nature and expected duration of the event. The performance of obligations under these Terms and Conditions will be suspended for the duration of the Force Majeure Event, and both parties will work together in good faith to mitigate any disruptions caused by such events.
If the Force Majeure Event continues for an extended period (e.g., 30 days or more), either party may terminate the affected services or agreements without liability to the other, provided that the other party is given notice of such termination.
THIRD PARTY LINKS
The Services may contain links to external websites and resources provided by third parties. These links are provided for your convenience and information only. The inclusion of any link does not imply endorsement, approval, or control by the Company of the external site or its contents. These third-party sites have their own terms and conditions and privacy policies, which we do not govern or endorse.
When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.
ATHS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.
The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by ATHS of those websites, their operators, or the content, products, or services contained or accessible through those websites.
We reserve the right, at any time and without notice, to add to, change, update, or modify our Services, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.
INTELLECTUAL PROPERTY
All content, materials, and intellectual property featured or displayed on the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, data compilations, page layout, design, and any other content (collectively, “Content”), are the exclusive property of Alchemical Transformations Management Group, LLC (“Alchemical Transformations”), its affiliates, or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
- Ownership of Intellectual Property: Alchemical Transformations and its licensors retain all rights, title, and interest in and to the Services and its Content. The use of the Services does not grant you any ownership or intellectual property rights in the Services or the Content, except as expressly provided in these Terms.
- License to Use the Services: Alchemical Transformations grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and its Content solely for your personal or authorized business use, as permitted by these Terms.
- Restrictions on Use: You agree not to:
- Copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, transmit, broadcast, or otherwise exploit any portion of the Services or its Content without the prior written consent of Alchemical Transformations.
- Remove, alter, obscure, or interfere with any copyright, trademark, or other proprietary rights notices displayed on or within the Services or its Content.
- Reverse engineer, decompile, or disassemble any part of the Services, except to the extent that such activity is expressly permitted by applicable law.
- Trademarks: All trademarks, service marks, logos, trade names, and trade dress (collectively, “Trademarks”) displayed on the Services are the property of Alchemical Transformations or their respective owners. The use of any Trademarks without the express written consent of Alchemical Transformations or the respective owner is strictly prohibited. Nothing on the Services or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without our written permission or that of the third-party rights holder.
- Reporting Intellectual Property Violations: If you believe that any content on the Services infringes your intellectual property rights, please contact us with detailed information about the alleged infringement, including a description of the content, the location on the Services, and proof of your ownership of the intellectual property rights. Alchemical Transformations reserves the right to remove or disable access to any content that it believes, in its sole discretion, may infringe the intellectual property rights of others.
- Reservation of Rights: Alchemical Transformations reserves all rights not expressly granted in these Terms. No part of the Services or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without the express prior written consent of Alchemical Transformations, except as expressly permitted in these Terms.
GOVERNING LAW
These Terms and your use of the Services are governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles. You agree that any disputes, claims, or controversies arising out of or related to these terms, the services, or your use of the services, and not subjected to arbitration, shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.
You expressly waive any objections to the jurisdiction, venue, or convenience of these courts. However, we reserve the right to seek injunctive or other equitable relief in any jurisdiction to protect our intellectual property or enforce these terms.
By using the services, you acknowledge and agree that any claim or cause of action arising out of your use of the services must be brought within one (1) year after the claim or cause of action accrues, unless prohibited by applicable law.
If any provision of this section is deemed unenforceable, it will not affect the validity or enforceability of any other provisions, and the remaining provisions shall remain in full force and effect.
AMENDMENTS
We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Services. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.
- Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
- Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Services.
- Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
- Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason that we deem necessary.
Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.
WAIVER
The failure or delay of Alchemical Transformations or ATHS in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.
Any waiver by Alchemical Transformations or ATHS of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of Alchemical Transformations or ATHS. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.
No waiver by Alchemical Transformations or ATHS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Alchemical Transformations or ATHS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
HEADINGS
The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.
- Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
- Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
- Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
- No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.
Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.
SEVERABILITY
In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.
The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.
The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.
These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.
ENTIRE AGREEMENT
These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between Alchemical Transformations Health Services, PC and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.
You acknowledge that you have not relied upon any representation, promise, or warranty made by Alchemical Transformations Health Services, PC, except as expressly set forth in these Terms.
Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of Alchemical Transformations Health Services, PC. No oral modifications or agreements shall be valid.
Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.
In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.
CONTACT US
Communication Channels: If you have any questions, concerns, or feedback regarding these Terms, our Services, or any of our products or services, please feel free to contact us through any of the following channels:
Provide Sufficient Information: To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue.
Updates: We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.
No Legal Advice: Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.
Record Keeping: We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.
