Last update:

24 Apr 2025

Terms of Use 3Y Health

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, MENTAL HEALTH CRISIS, OR ARE HAVING THOUGHTS ABOUT SUICIDE OR HARMING OTHERS, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ACCESS THE SERVICES FOR EMERGENCY CARE OR MENTAL HEALTH CRISIS CARE.

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION, YOU AGREE THAT THE DISPUTES BETWEEN YOU AND US OR YOU AND THE AFFILIATED MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE


  • Introduction

  • Your Relationship with 3Y Health

  • Telehealth and Pharmacy Services

  • Services Telehealth & Mental Health Services

  • Pharmacy Services

  • Consent to Use of Telehealth Services

  • Payment for Services & Use of Insurance, Subscriptions

  • Termination of Services

  • Privacy

  • Protected Information Account Registration, Security, and Termination

  • Electronic Communication, Emails, Text Messages, and Phone Calls

  • Ownership & License to Use the Services

  • Restrictions of Use Third Party Links, Ads, and Other User Content

  • Changes to the Terms of Use and the Services

  • Disclaimer or Warranties

  • Limitation of Liability

  • Dispute Resolution and Arbitration

  • Miscellaneous Terms

  • Copyright Policy

  • Open Payment Notice

  • Contact Us

Introduction

UVPsych, Inc., (“3Y Health,” “we,” “us,” and “our”) owns and operates the website(s) located at www.3yhealth.com , and (collectively the “Platform” or “Websites.”) We refer to the websites, and other services provided or arranged for by 3Y Health together herein as the “Services.” These Terms and Conditions of Use ("Terms of Use," “Terms,” or “Agreement”) describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, other additional polices as referenced and hereby incorporated into these Terms of Use, as well as all applicable laws and regulations. If you do not agree to these Terms of Use, do not create an account or use the Service. In these Terms of Use, the terms "you” and "yours" or “user” refer to the person using the Services. Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” or “user”  refer to the person using the Service, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” or “user” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor; and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact the support@unifiedvision.ai if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent. 3Y Health, including the Medical Groups, and you are hereinafter collectively referred to as the “Parties.” BY ACCESSING THE SITE OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES. THESE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN. IF YOU DISAGREE WITH THIS AGREEMENT OR ANY TERMS OR CONDITIONS HEREIN, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOUR CONTINUED USE AFTER A CHANGE TO THIS AGREEMENT HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES.

Services Overview. 3Y Health offers a technology enabled Platform that is capable of (i) providing mental health and telehealth consultations, (ii) offering access to prescription services, (iii) providing individuals with access to technology-oriented tools for addressing certain health issues, (iv) collecting, updating, and maintaining health records and information for use by healthcare providers or pharmacies participating the Platform, (v) assisting with scheduling and payment for health care and pharmacy services, and (vi) offering communication support for telehealth and therapy consultations and treatments with a licensed health care provider.

Eligibility. Our Services are generally for individuals 18 years or older, and by using the Services, you represent and warrant the following: (i) you are 18 or older, or have obtained parental consent and authorization to use the Services, (ii) you are located in a state or district where we operate, depending on the Services, and (iii) you agree to comply with these Terms of Use and our other Policies incorporated into these Terms.

Availability. 3Y Health Services are based and offered in the United States, as such, Services are intended only for use by those located in the U.S. If you access the Services from outside the U.S., you do so at your own risk and are responsible for complying with all local and applicable laws. Meeting these requirements does not guarantee your access to the Services. 3Y Health and the affiliated Medical Groups may change eligibility criteria at their discretion, without prior notice. To use the Services, you need compatible devices, Internet access, and required software, which may include access to devices capable of live, two-way audio and visual communication and sufficient ability to connect to the Internet for streaming. Additional fees may apply for mobile or Internet services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.

Your Relationship with 3Y Health

UVPsych, Inc., is not a medical group and does not provide medical advice, care, and/or treatment. 3Y Health provides the Platform to connect you with access to a healthcare provider of the Medical Groups, and to provide general health and wellness resources for informational purposes only. 3Y Health also provides other administrative and management services to the independent, clinician-owned and operated, medical, therapy, or psychiatry practices, the Medical Groups. Any telemedicine consults obtained through our Platform are provided by licensed Providers, including but not limited to physicians, nurse practitioners, therapists, and psychiatrists. 3Y Health licenses the “3Y Health” brand name to the Medical Groups and other affiliated medical practices that use our Platform to assist in the provision of Services. There is no single provider of medical care called “3Y Health.” Each 3Y Health-branded Medical Group engages a network of United States based clinicians who provide clinical telehealth and mental health services. The Providers deliver clinical services via the Platform to their patients. UVPsych, Inc., does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at the Medical Groups directly for all questions concerning their medical care. You understand that by coordinating and consulting with an affiliated Medical Group and its health care providers through the Services, you are not entering into a provider-patient relationship with UVPsych, Inc.

Telehealth and Pharmacy Services

IF YOU ARE EXPERIENCING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE DO NOT USE OUR SERVICES, AND INSTEAD SEEK IMMEDIATE HELP BY CALLING 988 OR GOING TO YOUR LOCAL EMERGENCY ROOM.

3Y Health contracts with UVPsych DE, P.A, UVPsych TX, P.A, and their affiliated health care providers (collectively the “Medical Groups”), which are independent medical and provider groups with a network of United States based licensed health care providers (each, a “Provider”) to provide a Platform for these Medical Groups to provide online telehealth clinical consultations, services, and/or treatment via Telehealth Services (“Telehealth Services”). To receive Telehealth Services, you must agree to the Medical Groups’ Consent to Telehealth, which provides additional information about the risks and benefits of using telehealth and online therapy. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms. While we hope the Medical Group’s Care Services are helpful to you, you understand, agree, and acknowledge that Telehealth Services may not be appropriate for everyone’s needs and are not a substitute for direct in-person healthcare services in all cases.

Telehealth & Mental Health Services

The Platform enables users to consult with licensed healthcare and mental health professionals via the Medical Groups through secure digital communication channels, including video calls, phone consultations, or messaging systems. Telehealth Services may encompass medical consultations, mental health assessments, diagnosis, treatment recommendations, and prescriptions, as appropriate and within the scope and clinical judgement of a licensed healthcare provider with regards to the services offered. Telehealth Services are intended to be used for non-emergency healthcare needs, and the services provided may vary based on your geographic location at the time of your request, the availability of providers, and the specific medical or mental health treatment sought. By using the services, you acknowledge that certain conditions may not be suitable for telehealth consultation and agree to seek in- person care for emergencies, urgent medical needs, or situations that require immediate attention. The Medical Groups provide a range of clinical mental health services. All mental health professionals on the Platform must be credentialed, licensed professionals, such as psychiatrists, psychologists (PhD/PsyD), licensed clinical social workers (LCSW), or similar certified experts. They must have a relevant degree, at least 2 years of experience, 1,000 hours of hands-on practice, and certification from their professional board . For specific requirements in your area, please refer to your state’s board of professional registration. Mental Health Services provided through the Platform are not intended to provide any clinical diagnosis for all conditions and you may be directed to seek in-person care or evaluation. When you are directed to seek in-person care, you should do so as soon as possible, 3Y Health and the Medical Groups are not responsible for your delays in seeking in-person care. Note: Mental health services are not intended for the provision of certain clinical services such as, but not limited to, court-ordered counseling or emotional support animals. If you need these services, please seek direct in-person care with a local healthcare provider.

Pharmacy Services

If you receive a prescription through the Services, you may choose a 3Y Health affiliated pharmacy to have your provider send the prescription.  You may also choose to have your prescription fulfilled through the pharmacy of your choice when you are prompted during your use of the Services. By using the Services, you give us permission to share your information, including health records, personal details (like your name, location, and demographics), and other relevant health information with our affiliated pharmacies, or to the pharmacy of your choice so that they can fill your prescription. You agree and understand that if using the 3Y Health’s Pharmacy Network, your prescription(s) may be filled by and transferred between any of the affiliated pharmacies, and agree that the Service may do so on your behalf. Note: 3Y Health EXPRESSLY DISCLAIMS ALL LIABILITY FOR PROBLEMS RELATED TO PAYMENT, FEES, MEDICATION QUALITY OR EFFICACY, DELIVERY, FULFILLMENT, PRESCRIPTION PROCESSING OR DELIVERY DELAYS, OR ANY OTHER ISSUES THAT MAY OCCUR WHEN YOU USE A PHARMACY OUTSIDE OF A 3Y Health AFFILIATED PHARMACY. US Pharmacies Only. 3Y Health affiliated Medical Groups are only able to e-prescribe medications when clinically indicated, they can not provide hard copies of the prescription for you to take to the pharmacy. Moreover, 3Y Health affiliated Medical Groups are not able to send any prescriptions to pharmacies in foreign countries, such as Canada. Non-child resistant packaging. If you choose a 3Y Health affiliated pharmacy to fill your prescription, you understand that your medication may not come in child-resistant packaging, and you agree to keep it out of reach of children.

Limited Use & Availability

Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are located in the states in which we offer the Service and are between the ages of 13 and 18 may use the Service for the sole purpose of obtaining a medical consultation for therapy services (to the extent available through the Service) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen (18), or (2) at least thirteen (13) years of age, have obtained consent from your parent or legal guardian to use the Service, and will use the Service for the sole purpose of obtaining a medical consultation for therapy services (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor; (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation; (d) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service; and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.

Consent to Use of Telehealth Services

Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a healthcare provider or mental health professional and a patient who is not in the same physical location. We hope the Medical Group’s Telehealth Services are helpful to you, and by using the Services and Telehealth Services, you understand, agree, and again agree and acknowledge that Telehealth Services may not be appropriate for everyone’s needs and are not a substitute for direct in-person healthcare in all cases.While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Informed Consent”) that will be provided to you via the Service. You agree that 3Y Health is a third party beneficiary of the Informed Consent and has the right to enforce it against you. In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps. Emergency Contact Information. By using Telehealth Services, you agree to provide emergency contact information (name and phone number) for yourself or a close family member to your provider, to be used in case of a mental health crisis or other emergency where your location is important. You also agree to obtain your emergency contact’s consent before sharing their contact information with 3Y Health and the Medical Groups. You acknowledge that your ability to access and use the Telehealth Services is conditioned upon the truthfulness of the information you provide regarding your age, residence, and emergency contact information, and that the Medical Groups and Providers rely on this information to interact with you and to provide services.

Payment for Services & Use of Insurance, Subscriptions

Payment for Services. You agree to pay all fees and charges associated with your Account and provision of the Services on a timely basis. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the payment method you provided during the initial setup of your Account. Moreover, while you use the Services, you agree to maintain valid payment information in your Account. By providing us with payment information, you authorize us to bill and charge your credit card or other payment method for the Services. Moreover, you represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement. All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by 3Y Health’s third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. Reference is made to the Stripe Policies for informational purposes only and are in no way incorporated into or made a part of this Terms of Use. 3Y Health’s relationship with Stripe, if any, is merely contractual in nature, as Stripe is nothing more than a third-party vendor to 3Y Health and is in no way subject to 3Y Health’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

Use of Insurance. In certain situations, you or a family member’s health plan may cover all or a portion of your use of Services. Subject to the terms of any written agreement between 3Y Health’s Affiliated Medical Groups and the health plan, you authorize us to bill on the Medical Group’s behalf, for Services rendered to you, by sharing necessary information with the health plan or third party necessary to process payments. Additionally, you authorize 3Y Health to charge your Payment Information on your behalf for any fees that your insurance company does not cover, such as copays, deductibles, and coinsurance costs. If you are using insurance, you may be required to agree to additional terms including an assignment of benefits and acceptance of financial responsibility through our billing partners. We reserve the right to remedy user issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each user.

Termination of Services

3Y Health may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if any or all of the agreements between 3Y Health and the Medical Groups or affiliated Pharmacies terminate or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with 3Y Health. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all 3Y Health Parties harmless from any and all liability that any such 3Y Health Parties may incur with respect thereto. Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.

Privacy

3Y Health understands the importance of privacy and confidentiality regarding your health and personal information. Please see our Privacy Policy and our Medical Groups Notice of Privacy Practices for information about how we collect and use your personal and health information. Our Privacy Policy and Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of this Agreement.

Protected Information

When you set up an account with 3Y Health, you are creating a direct customer relationship with 3Y Health that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to 3Y Health, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information. However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. 3Y Health is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Medical Groups or Pharmacies may or may not be a “covered entity” or “business associate” under HIPAA, and 3Y Health may in some cases be a “business associate.” It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with 3Y Health, the Medical Groups, the Providers, or the Pharmacies. To the extent 3Y Health is deemed a “business associate” however, and solely in its role as a business associate, 3Y Health, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Groups or Pharmacies (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA. The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s). By using the Service, you are agreeing that even if HIPAA does apply to 3Y Health, the Medical Groups, the Providers, or the Pharmacies, any information that you submit to 3Y Health that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Account Registration, Security, and Termination

While some parts of the Services are accessible without an account, you may need to create an Account, in order to access specific features and functions of Services provided by 3Y Health and our affiliated Medical Groups. Users may be required to submit, register, or provide certain information online to create an account (“Account”) in order to access the specific Services.

  • Account Enrollment. In order to access Services, you agree and acknowledge that you are at least eighteen (18) years old, and that you will provide us with private information about you, through an online submission. Your submission is a request to create an Account with 3Y Health which you may use from time to time to access the Services in accordance with these Terms of Use. You agree that any and all information that you provide to 3Y Health through use of any Services will be complete, accurate, and that you will keep all information related to your Account up-to-date.

  • Account Security. For any Account you cause to be enrolled or created, you agree that you are responsible for maintaining the confidentiality of your account, its passwords, and any other private information used to verify your account, and you agree to log out after every session. You agree that you are fully responsible for all activities and Services that occur or are used under your Account or password. You agree to immediately notify us of any unauthorized use, suspected unauthorized use, or any other breach of security of your Account by contacting us at support@unifiedvision.ai. You agree to keep your password safe, and to change it promptly if you believe it has been compromised. WE EXPRESSLY DISCLAIM AND ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS REGARDING YOUR ACCOUNT. We reserve the right to take any and all reasonable and necessary action to protect the security of the Services and your Account information. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password(s) through your web browser or other software

  • Account Termination. We may suspend or terminate your account and your access to the Services if you do not keep your account up-to-date. We reserve all rights to terminate any Account for misuse or violation of any of these Terms of Use, our Privacy Policies, or any other additional terms applicable to the Services you used. You may request to terminate your Account at any time by contacting us at s support@unifiedvision.ai , or by calling us at

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Electronic Communication, Emails, Text Messages, and Phone Calls

3Y Health uses various methods of telephone and electronic communications to provide you with the Services. When you use the Site to submit information, communicate with us via telephone, or otherwise agree to receive Services through 3Y Health, you are agreeing to our use of email, phone calls, and “text messages” which include, but are not limited to, Short Message Service (“SMS”) and Multimedia Message Service (“MMS”) messages to receive some, or all, of the Services. To receive the full benefit of our Services, you must agree to these terms of 3Y Health Text Message Program, which is hereby incorporated into these Terms of Use and detailed below.

a. Electronic Notices & Email Communication. During enrollment, or through your use of the Services, you agree that we can send you any privacy or other notices, disclosures, consents, or communications regarding enrollment in the Services through electronic means that include, but are not limited to, emails and text messages, push notifications to your mobile device, or by posting on the Platform or Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any communications from us is effective when sent by us, regardless of whether you read the communication when you receive it or whether you actually receive the delivery.

b. Phone Calls. We will ask you to provide us with your phone number, which may be necessary to provide some of the Services, and for the Medical Groups to provide you with certain Telehealth Services, including, but not limited to wellness checks at a provider’s discretion. By providing us with your telephone number, you are agreeing and consenting to us using your number to provide the Services, or as otherwise permitted in our Privacy Policy. You may always revoke your consent to receive certain phone call communications, or to update your phone call preferences by contacting us at support@unifiedvision.ai.

c. Security of Electronic Communications. Even though we take steps to protect the privacy and security of your information and communications, you understand that sending any information through the internet and mobile carriers cannot be 100% secure. Text messages and emails that you send to, or receive from, us are not encrypted, which means that it is possible the communications may be read or intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. You agree that by emailing us or giving us your email, you consent to receiving unencrypted emails messages. You may always change your communication preferences by emailing: support@unifiedvision.ai or by calling

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d. Charges for Phone, Message, and Data Usage. Phone, message and data rates may apply to your use of the Services. 3Y Health does not charge a fee for phone calls or text messages, but wireless carrier charges may apply. To verify potential charges, please contact your wireless carrier. You are solely responsible for all charges you may incur by using the Services. Moreover, by opting- in to the 3Y Health Text Program and using your mobile phone number to access the Services, you approve any such charges from your telecom or wireless carrier. Charges for text messages or data usage may appear on your mobile phone bill or be deducted from your prepaid balance by your wireless carrier.

e. 3Y Health Text Message Program.

i. Opting-In. Eligible 3Y Health users over the age of 18, who are responsible for the mobile number submitted, may opt-in to participate in the 3Y Health’s Text Message Program. You may opt-in when you create an account or otherwise visit our site, agree to these terms, and request certain Services. When you opt-in to the program, you consent to receiving certain transactional text messages regarding your Account and your use of the Services. These text messages may include, but are not limited to, appointment reminders, check in messages, communications from a Medical Group Provider, health and wellness information, updates on order or prescription status, refill reminders, and other messages relating to your care. TEXT MESSAGE SERVICES MAY NOT BE USED TO REPORT A MEDICAL EMERGENCY. The number of text messages you receive from us may vary. You may also receive marketing messages, to the extent you have opted-in to marketing communications from 3Y Health.

ii. Opting-Out. Access to the Services is not conditioned upon your consent to receive care and/or marketing related text messages from 3Y Health. You have the right to opt-out of any 3Y Health text messages at any time by replying "STOP" to the message received, from the enrolled mobile device. After you send the text message "STOP" to us, we may send you one final text message to confirm that you have been unenrolled. If you have opted-in to receive more than one type of text message from us, you will need to opt-out of each specific text message type to which you are enrolled. Until you have done so, you may continue to receive the types of text messages from us that you have opted-in to receive, but have not unenrolled from. You may also opt-out of receiving text messages by contacting us at support@unifiedvision.ai. Keep in mind that if you stop receiving marketing text messages from us, you may not receive important and helpful information and reminders.

iii. Message Success & Frequency. 3Y Health does not guarantee the successful delivery of text messages by your wireless carrier. Text messages may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including terrain, proximity to buildings, foliage, weather, and the text message recipient’s equipment/mobile device. The number of text messages you receive from the 3Y Health Message Text Program may vary. By opting-in to the 3Y Health Text Message Program, you consent to 3Y Health sending you multiple and recurring text messages until you opt-out, in accordance with applicable law.

Ownership & License to Use the Services

Ownership of Services. You acknowledge and agree that 3Y Health exclusively owns all rights to the Services and their content, features, and functionality ("Services Content"). You may not reproduce, modify, distribute, sell, disassemble, reverse engineer, or exploit, in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms, or with our express written consent. Any modifications, adaptation, translations, or derivative works created from the Services or Services Content are solely owned by 3Y Health or its licensors, including all intellectual property rights therein. Commercial use of the Services or Services Content is prohibited. The Services may contain names, logos, images, and other materials displayed in and through the Services which are subject to and constitute trademarks, trade names, service marks or logos ("Marks") of 3Y Health or its affiliates which may be subject and protected by US copyright laws. You are not authorized to use any such Marks without our express written permission. We or our affiliates retain ownership of all such Marks and the associated goodwill.

Limited License. Subject to your agreement and compliance with these Terms of Use, we grant you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Services and Services Content solely for personal, non-commercial purposes as permitted by these Terms of Use, our Privacy Policy, the Notice of Privacy Practices, and any additional terms that may be required to use all or part of the Services. No other rights to the Services or Services Content are transferred to you, and we and our affiliates reserve all rights not explicitly granted.

Restrictions of Use

You agree that in using or accessing the Services, you will not attempt to:

  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

  • use the Services to violate any local, state, national or international law;

  • reverse engineer, disassemble, decompile, or translate any software or other components of the Services;

  • engage in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services;

  • post any User Content that (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; (iv) that attempts to obtain the personal information of other users; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party;

  • send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;

  • harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Services, as we determine in our sole discretion;

  • use the Services to harvest, collect, gather or assemble information or data regarding other users without their consent;

  • remove, alter, or obscure any intellectual property or proprietary rights notices, trademarks, logos, or other content from the Services, or use framing techniques to enclose such content without our prior written consent;

  • harass or interfere with any other user's use and enjoyment of the Services;

  • bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by 3Y Health or any of our service providers to protect the Services;

  • otherwise use the Services in any manner that exceeds the scope of use granted herein;

  • encourage, enable, or engage any other individual to do anything that violates these Terms of Use.

Third Party Links, Ads, and Other User Content

Our Services may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under 3Y Health’s control, and we are not responsible for any Third-Party Links & Ads. 3Y Health provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy statements, cookies policies, and data gathering practices. Users of the Services are solely responsible for all of their own User Content as defined in our Privacy Policy. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Changes to the Terms of Use and the Services

We are consistently updating and developing our Terms of Use, and at any time, we reserve the right to review or remove any part of these Terms of Use in our sole discretion without prior notice to you. It is your responsibility to check the Terms of Use from time to time when using the Services to determine if any changes have been made. All changes to these Terms of Use are effective upon posting to the Site unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes. Moreover, you agree and understand that all or parts of the Services may not be accessible at any time, for any length of time, or for any reason. 3Y Health will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. 3Y Health reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that 3Y Health  shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Disclaimer or Warranties

Content and other information contained on the Service is provided by 3Y Health as a convenience. Users relying on content or other information from the services does so at their own risk. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 3Y Health AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED MEDICAL GROUPS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY "AFFILIATED PERSONS") MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER 3Y Health NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

Limitation of Liability

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL UVPSYCH INC., AND OUR RELATED PARTIES INCLUDING THE MEDICAL GROUP PROVIDERS, OR ANY OF  THE RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE AND WHETHER OR NOT 3Y Health WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, 3Y Health SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100. ALL CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnification

To the fullest extent permitted by law, you will indemnify and hold UVPsych, Inc. and its “Affiliated Persons” which includes, but is not limited to its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors, including the Medical Groups and their affiliated parties, harmless from and against any and all third-party actions suits, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

(a) your violation or breach of the Terms;

(b) your User Content;

(c) your violation of any rights of another party, including any users of the Services; or

(d) your violation of any applicable laws, rules, and regulations. 3Y Health reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 3Y Health in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to the Services.

Dispute Resolution and Arbitration

Dispute Resolution (including Arbitration, Class Action Waiver and Time to Initiate Action) PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. Initial Dispute Resolution Period : Our support team is available at support@unifiedvision.ai to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to the email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by email to: legal@unifiedvision.ai. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) subject line reading: “Notice of Dispute”; (b) description of the nature of the claim or dispute and the underlying facts; (c) date upon which the Dispute arose; (d) the specific relief sought; and (e) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. b. Scope: The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and 3Y Health asserted after the effective date of these Terms, including but not limited to all disputes arising out of these Terms or your use of the Services (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.” c. Binding Arbitration: If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules. i. Process: In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against 3Y Health must send the written demand for arbitration to UVPsych, Inc., ATTN: Legal Counsel, ADDRESSS. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement. ii. Location & Hearing: If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in COUNTY, STATE United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in- person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or 3Y Health may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English. iii. Arbitrator’s Decision: The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. iv. Fees: Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules. v. Mass Arbitration Before NAM: Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class- wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/ or by calling 1-800- 358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms. 1. Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a procedural arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings. d. Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration: i. Provisional Remedies: Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below. ii. Intellectual Property and Trade Secret Disputes: Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below. iii. Small Claims Court . Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator. e. Class and Collective Action Waiver.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION. f. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. g. Forum. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in XXXX COUNTY, STATE (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts. h. Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief. i. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt- out by emailing us at legal@unifiedvision.ai. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.

Miscellaneous Terms

Governing Law. The Terms, your use of the Services, and any action related thereto shall be governed by and construed in accordance with the laws of the State of Delaware consistent with the Federal Arbitration Act, without regard to the choice of law provisions of any jurisdiction.

Assignment. These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without 3Y Health’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 3Y Health may, without further consent or notification, assign all contractual rights and obligations pursuant to these Terms if some or all of 3Y Health is transferred to another entity by way of merger, sale of its assets, or otherwise.

Amendment. Except as described in the section entitled Changes to the Terms of Use and Services , these Terms may not be amended unless in writing and signed by both Parties.

Waiver. Any failure or delay to exercise or enforce any right of the Terms, or failure to insist upon or enforce strict performance of any provision of these Terms, shall not constitute a waiver of such right or provision. Waivers shall be effective only if in writing and signed by 3Y Health.

Entire Agreement and Severability. These Terms, together with any amendments and any additional agreements or consents you may have entered with us in connection with the Services, constitute the entire agreement between you and us concerning the Services. If any portion of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.

Copyright Policy

3Y Health respects the intellectual property of others and asks that Users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that your work has been duplicated in a way that constitutes copyright or other intellectual property infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated agent located at UVPsych, Inc. ADDRESS (ATTN: Legal Department) with a copy to: legal@unifiedvision.ai:

  • your physical or electronic signature;

  • identification of the copyrighted work(s) that you claim to have been infringed;

  • identification of the material on our services that you claim is infringing and that you request us to remove;

  • sufficient information to permit us to locate such material;

  • your address, telephone number, and e-mail address;

  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

Open Payment Notice

For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public. You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/

Contact Us

If you have questions or concerns about these Terms, you may contact us by mail at: UVPsych, Inc.

Address

You may also email us at support@unifiedvision.ai