Terms of Service

1. Eligibility and Accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services, unless you are using them under the supervision of a parent or legal guardian. If you create an account, you agree to provide accurate, current, and complete information, to keep that information up to date, and to keep your login credentials confidential. You are responsible for all activity that occurs under your account.

2. Orders, Payment, and Shipping

If you purchase products or supplies through Elenova, you agree to provide accurate payment and shipping information and authorize us (or our payment processor) to charge your payment method for the amounts due, including applicable taxes and shipping fees. We will make reasonable efforts to fulfill and ship orders promptly and to provide shipping updates, including by text message if you've opted in, but we do not guarantee specific delivery dates. Prices, product availability, and shipping estimates are subject to change without notice.

3. Appointments and Patient Portal

Elenova may allow you to schedule, reschedule, or manage appointments and to access certain health-related information through a secure patient portal. You are responsible for arriving to appointments as scheduled or providing timely notice if you need to cancel or reschedule. The patient portal, not text messaging, is the secure channel for viewing your health records, communicating with your care team about clinical matters, and accessing other protected health information, as described further in our Privacy Policy.

4. Text Messaging: Opting In and Opting Out

As part of the Services, Elenova offers a text messaging (SMS/MMS) program used for purposes such as shipping and delivery updates and appointment reminders, confirmations, and scheduling updates.

Opting in. By providing your mobile phone number and affirmatively opting in (for example, verbally with our staff), you consent to receive text messages from Elenova related to these purposes. Consent to receive text messages is not a condition of purchasing any goods or services from Elenova. Message and data rates may apply, and message frequency varies based on your orders, appointments, and account activity.

Opting out. You may opt out of receiving text messages at any time by replying STOP to any message you receive from us, or by contacting us using the information in Section 13 below. Opting out of text messages does not affect your ability to use the patient portal, receive care, or otherwise communicate with us or use the Services.

Getting help. For help at any time, reply HELP to any message you receive from us, or contact us using the information in Section 13 below.

You represent that you are the account holder, or have the account holder's permission, for any mobile number you provide to us. Your consent to receive text messages is given directly to Elenova, and this consent is specific to Elenova's texting program described in this Section 4 — it is not bundled with, or implied by, your agreement to any other part of these Terms. We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes.

Additional detail about our text messaging program, including the types of information we collect and how we use it, is set out in our Privacy Policy , which is incorporated into these Terms by reference.

5. Prohibited Conduct

When using the Services, you agree not to:

• Provide false, misleading, or fraudulent information to us.
• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, our systems, or other users' accounts or information.
• Use automated means (such as bots or scrapers) to access or interact with the Services without our prior written consent.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including by providing a mobile phone number that is not your own without authorization.

6. Intellectual Property

The Services, including all content, features, trademarks, logos, and materials made available through them (excluding your own information), are owned by Elenova or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended personal, non-commercial purpose. You may not copy, modify, distribute, sell, or create derivative works based on the Services without our prior written permission.

7. Disclaimers

THE SERVICES, INCLUDING OUR TEXT MESSAGING PROGRAM AND PATIENT PORTAL, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELENOVA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY TEXT MESSAGE, NOTIFICATION, OR COMMUNICATION WILL BE DELIVERED SUCCESSFULLY OR WITHOUT DELAY.

Nothing in the Services, including any text message we send, is intended to constitute medical advice, diagnosis, or treatment, or to substitute for a relationship with a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, and use the patient portal or contact your care team directly for anything related to your health information or care.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELENOVA AND ITS OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES — INCLUDING ANY TEXT MESSAGE THAT IS DELAYED, UNDELIVERED, OR RECEIVED BY AN UNINTENDED RECIPIENT — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ELENOVA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO ELENOVA, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Elenova and its officers, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party, including by providing us with a mobile phone number you were not authorized to provide.

10. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Agreement to arbitrate. You and Elenova agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services (including our text messaging program), or the relationship between you and Elenova (“Dispute”) will be resolved by binding, individual arbitration, rather than in court, except as set out below. This agreement to arbitrate is governed by the Federal Arbitration Act.

Arbitration procedure. The arbitration will be administered by a recognized arbitration organization (such as the American Arbitration Association) under its consumer arbitration rules then in effect. The arbitration may be conducted in person, by phone, or based on written submissions, as the applicable rules provide. Each party will be responsible for its own attorneys' fees unless the arbitrator determines otherwise or applicable law provides for fee-shifting.

Class action waiver. You and Elenova agree that any Dispute will be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions. Either party may bring an individual claim in small claims court instead of arbitration if it qualifies. Either party may also seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality obligations.

Opting out. You may opt out of this arbitration agreement by sending written notice to the contact information in Section 13 within thirty (30) days of first becoming subject to these Terms. If you opt out, neither you nor Elenova will be required to arbitrate Disputes with the other, but all other parts of these Terms will continue to apply.

11. Governing Law and Venue

These Terms, and any Dispute not subject to arbitration under Section 10, will be governed by the laws of the state in which Elenova's principal place of business is located, without regard to its conflict-of-laws principles, and, where applicable, by federal law. For any Dispute not subject to arbitration, you and Elenova agree to the exclusive jurisdiction and venue of the state and federal courts located in the county and state of Elenova's principal place of business.

12. Termination

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, including if we believe you have violated these Terms. You may stop using the Services, close your account, or opt out of text messages at any time as described in Section 4. Sections of these Terms that by their nature should survive termination (including Sections 6 through 11) will survive.

13. Contact Us

If you have questions about these Terms, please contact us at:

Elenova Health
Email: hello@elenova.health
Phone: (864) 920-7739
Mail: P.O. Box 16351, Greenville, SC 29606

14. Changes to These Terms

We may update these Terms from time to time. The “Effective Date” at the top of these Terms indicates when they were last revised. Your continued use of the Services after an update constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the Services.