Section 01
Acceptance of Terms
By accessing, using, or registering for AETHRA CARE PLLC's services ("Service" or "Services"), whether through our website at vyta.co ("Site"), mobile application, or other digital platforms, you ("Patient," "User," or "you") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Services.
These Terms constitute a legally binding agreement between you and AETHRA CARE PLLC ("Company," "we," "us," or "our"). By using our Services, you represent that you are at least 18 years old or have parental/guardian consent, and have the legal capacity to enter into this agreement.
Section 02
Description of Services
AETHRA CARE PLLC provides virtual healthcare services including:
- Virtual Primary Care — Ongoing primary healthcare management through secure digital platforms
- Virtual Urgent Care — Immediate care for non-emergency medical conditions
- Asynchronous Care — Healthcare consultations and follow-ups conducted through secure messaging
- Prescription Services — Electronic prescribing when medically appropriate
- Health Monitoring — Digital health tracking and management tools
- Care Coordination — Referrals and coordination with other healthcare providers
Section 03
Telehealth Services and Associated Risks
3.1 Nature of Telehealth
Telehealth involves the use of electronic communications to enable healthcare providers to diagnose, consult, treat, and educate patients remotely. By using our telehealth services, you acknowledge and understand the following risks and limitations.
3.2 Technology Risks
- Technical failures may interrupt consultations
- Internet connectivity issues may affect service quality
- Audio/video quality may impact clinical assessment
- Electronic systems may experience security breaches despite safeguards
3.2 Clinical Limitations
- Physical examination limitations may affect diagnosis accuracy
- Some conditions require in-person evaluation
- Laboratory tests or imaging may be necessary for proper diagnosis
- Emergency situations cannot be adequately addressed through telehealth
- Provider may be unable to provide certain treatments remotely
3.2 Communication Risks
- Miscommunication may occur due to technology limitations
- Non-verbal cues may be missed in virtual consultations
- Time delays in asynchronous communications may affect urgent care needs
3.3 Your Responsibilities
You agree to:
- Provide accurate and complete medical history
- Ensure privacy during virtual consultations
- Use a reliable internet connection and compatible devices
- Inform us immediately of any technical issues
- Seek in-person care when recommended by your provider
- Contact emergency services for urgent medical situations
Section 04
Prescription Policy
4.1 Electronic Prescribing
Our licensed healthcare providers may prescribe medications electronically when clinically appropriate. You understand that:
- Prescriptions are based on information you provide and virtual examination
- Some medications require in-person evaluation before prescribing
- Controlled substances may have additional restrictions
- We may require pharmacy verification before filling prescriptions
4.2 Prescription Limitations
We do not prescribe:
- Controlled substances except in limited, clinically appropriate circumstances
- Medications for conditions not suitable for telehealth treatment
- Prescriptions without proper patient evaluation
- Medications outside our scope of practice
4.3 Pharmacy and Medication Responsibility
- You are responsible for pharmacy selection and prescription pickup
- We are not responsible for pharmacy errors or medication costs
- You must inform us of all medications, allergies, and adverse reactions
- Generic substitutions may occur per pharmacy policy
Section 05
Not an Insurance Product
Important Notice: AETHRA CARE PLLC's services are NOT insurance and do not replace health insurance coverage.
Our services:
- Are direct-pay healthcare services
- Do not cover emergency room visits, hospitalizations, or specialist referrals
- May not be covered by your health insurance
- Require separate payment regardless of insurance coverage
- Do not guarantee coverage for all medical conditions or treatments
You are encouraged to maintain appropriate health insurance coverage for comprehensive medical care.
Section 06
Payments, Billing, and Subscriptions
6.1 Payment Terms
- Payment is due at the time of service unless otherwise arranged
- We accept major credit cards, debit cards, and other specified payment methods
- You authorize us to charge your selected payment method for all services
- All fees are non-refundable unless otherwise specified
6.2 Subscription Services
Monthly and annual subscriptions are subject to the following:
- Subscription fees are billed in advance
- Automatic renewal unless cancelled before renewal date
- Access to subscription benefits continues until end of billing period
- No partial refunds for cancelled subscriptions
You may cancel subscriptions at any time through your account settings. Cancellation takes effect at the end of the current billing cycle. We reserve the right to terminate subscriptions for Terms violations.
6.3 Price Changes
We reserve the right to modify pricing with 30 days' advance notice. Continued use of Services after price changes constitutes acceptance of new pricing.
6.4 Ordering and Service Requests
- All service orders are subject to provider availability
- We reserve the right to refuse service requests
- Service completion times are estimates, not guarantees
- Additional charges may apply for expedited services
Section 07
Site Access, Security, and Restrictions
7.1 Account Security
You are responsible for:
- Maintaining confidentiality of login credentials
- All activities occurring under your account
- Immediately notifying us of unauthorized access
- Using strong passwords and enabling available security features
7.2 Prohibited Uses
You may not:
- Share account credentials with others
- Use Services for illegal or unauthorized purposes
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt Services or servers
- Upload malicious code, viruses, or harmful content
- Impersonate others or provide false information
- Use automated systems to access Services without permission
7.3 Access Restrictions
We reserve the right to:
- Suspend or terminate accounts for Terms violations
- Restrict access based on geographic location
- Limit Service availability due to capacity constraints
- Modify or discontinue Services at any time
7.4 Data Security
We implement industry-standard security measures to protect your information, including encryption of data in transit and at rest, regular security assessments, access controls, and compliance with HIPAA and other applicable regulations. However, no system is completely secure, and you acknowledge the inherent risks of electronic data transmission.
Section 08
Consent to Receive Calls and Text Messages
8.1 Communication Consent
By providing your phone number, you consent to receive:
- Appointment reminders and confirmations
- Treatment-related communications
- Service updates and notifications
- Marketing messages (with opt-out option)
- Emergency or urgent medical communications
8.2 Communication Methods
Communications may be sent via voice calls (live or automated), text messages (SMS/MMS), email, push notifications through our mobile app, or secure messaging within our platform.
8.3 Opt-Out Options
You may opt out of non-essential communications by replying "STOP" to text messages, using unsubscribe links in emails, updating preferences in your account settings, or contacting customer service.
Note: You cannot opt out of essential medical communications or appointment-related messages.
8.4 Message and Data Rates
Standard message and data rates may apply. You are responsible for all charges from your telecommunications provider.
Section 09
Ownership of Service
9.1 Intellectual Property
All content, features, and functionality of our Services — including software, technology, algorithms, text, graphics, logos, images, audio and video content, user interface design, and medical protocols and guidelines — are owned by AETHRA CARE PLLC or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
9.2 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your personal healthcare needs in accordance with these Terms.
9.3 User-Generated Content
You retain ownership of health information and personal data you provide. By using our Services, you grant us a license to use this information solely for providing healthcare services and as described in our Privacy Policy.
9.4 Feedback and Suggestions
Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation or attribution.
Section 10
Disclaimer and Limitation of Liability
10.1 Service Disclaimer
10.2 Medical Disclaimer
- We do not guarantee specific medical outcomes
- Medical advice is based on information provided by you
- Our Services do not replace in-person medical care when necessary
- We are not responsible for consequences of failing to seek appropriate medical care
- Individual results may vary, and treatment effectiveness is not guaranteed
10.3 Technology Disclaimer
We do not warrant that Services will be uninterrupted or error-free, that all technical issues will be resolved immediately, that our systems will be free from security vulnerabilities, or that third-party integrations will function perfectly.
10.4 Limitation of Liability
Our total liability for any claims related to these Services shall not exceed the amount you paid for Services in the 12 months preceding the claim.
10.5 State Law Variations
Some states do not allow certain warranty disclaimers or liability limitations. In such states, our liability is limited to the maximum extent permitted by law.
Section 11
Indemnification
You agree to indemnify, defend, and hold harmless AETHRA CARE PLLC, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including attorney fees) arising from:
- Your use or misuse of our Services
- Violation of these Terms
- Violation of any third-party rights
- Your negligent or wrongful conduct
- False or misleading information you provide
Section 12
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of personal and health information is governed by our Privacy Policy and HIPAA Compliance Statement, which are incorporated into these Terms by reference.
Section 13
Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
13.2 Dispute Resolution
Informal Resolution: Before filing any legal claim, you agree to first contact us to attempt informal resolution.
Binding Arbitration: Any disputes that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.
The following disputes are exempt from arbitration: claims in small claims court, injunctive relief for intellectual property infringement, and emergency medical situations requiring immediate court intervention.
Section 14
Modifications to Terms
We may update these Terms periodically. When we make material changes, we will provide 30 days' advance notice and post the updated Terms on our website. Continued use of Services after changes take effect constitutes acceptance of the revised Terms. You may terminate your account if you disagree with any changes.
Section 15
Termination
15.1 Termination by You
You may terminate your account at any time by contacting customer service, following account closure procedures in your settings, or providing written notice of termination.
15.2 Termination by Us
We may terminate or suspend your account for violation of these Terms, fraudulent or illegal activity, providing false information, abuse of our Services or staff, non-payment of fees, or extended periods of inactivity.
15.3 Effect of Termination
Upon termination, your access to Services will cease immediately. You remain responsible for all charges incurred, certain provisions of these Terms survive termination, and we may retain your information as required by law.
Section 16
General Provisions
16.1 Entire Agreement
These Terms, along with our Privacy Policy and HIPAA Compliance Statement, constitute the entire agreement between you and AETHRA CARE PLLC regarding our Services.
16.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
16.3 No Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign your rights under these Terms. We may assign our rights and obligations without notice.
16.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.