Please read these Terms and Conditions carefully before using the Moxie Health website or services. By accessing or using our Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, You may not access the Service.

Acceptance of Terms

By accessing or using the website located at http://www.gotmoxiehealth.com (the “Website”) or any services offered by Moxie Health, PLLC (“Company,” “We,” “Us,” or “Our”), You (“User” or “You”) acknowledge that You have read, understood, and agree to be legally bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference.

If You are using the Service on behalf of an organization, You represent and warrant that You have authority to bind that organization to these Terms.

Interpretation and Definitions

Interpretation

Capitalized terms have the meanings defined below and shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

• Company: refers to Moxie Health, PLLC, 9600 Escarpment Blvd Ste 745, Austin, TX 78749.

• Service: refers to the Website and all related services, platforms, and digital tools provided by the Company.

• User / You: means the individual accessing or using the Service, or the entity on whose behalf such individual is acting.

• Account: means a unique account created for You to access the Service or parts of our Service.

• Content: means any text, images, information, data, or other material uploaded, submitted, or otherwise made available through the Service.

• Healthcare Services: means any clinical, wellness, or health-related services offered or facilitated by the Company, including telehealth services.

Medical Disclaimer and Scope of Services

Moxie Health, PLLC is a licensed healthcare practice. Content provided on this Website is for informational purposes only and does not constitute medical advice, diagnosis, or treatment.

Use of this Website does not establish a patient-provider relationship. A patient-provider relationship is only established when You have completed the intake process and been formally accepted as a patient by a licensed provider at Moxie Health, PLLC.

In the event of a medical emergency, call 911 or go to your nearest emergency room immediately. Do not rely on electronic communications through this Website for urgent medical needs.

Telehealth Services

By scheduling or receiving services through our telehealth platform, You acknowledge and agree to the following:

• Telehealth services involve the delivery of healthcare via electronic communications, including video, audio, and secure messaging.

• Electronic communications carry inherent security risks. While We implement reasonable technical and administrative safeguards, We cannot guarantee the absolute security of telehealth transmissions.

• You consent to the delivery of healthcare services via telehealth technologies as permitted under applicable Texas law and federal regulations.

• You agree to provide accurate and complete health information to your provider and understand that the quality of care may be affected by incomplete disclosure.

• Telehealth services may not be appropriate for all medical conditions. Your provider reserves the right to determine the appropriate mode of care delivery.

• We do not guarantee specific medical outcomes or results from any services provided.

• You acknowledge that your health outcomes depend on adherence to treatment recommendations and follow-up care.

• You agree that you will be physically located in a state where your provider is licensed at the time of services.

• Moxie Health, PLLC is a self-pay practice and does not bill insurance unless otherwise stated.

User Accounts

When You create an Account, You must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of Your Account credentials and for all activities that occur under Your Account.

You agree to:

• Notify Us immediately of any unauthorized use of Your Account or any other breach of security.

• Ensure that You log out of Your Account at the end of each session, particularly on shared devices.

• Not share Your login credentials with any third party.

We reserve the right to suspend or terminate Your Account if We reasonably believe that Your Account is being used in a manner inconsistent with these Terms or applicable law.

Appointments, Cancellations, and Refunds

Scheduling

Appointments may be scheduled through our Website or booking platform. Scheduling an appointment does not guarantee a patient-provider relationship until intake has been completed and accepted.

Cancellations

Appointments must be canceled or rescheduled at least 24 hours in advance to avoid a cancellation fee. Late cancellations or no-shows may result in a fee charged to the payment method on file.

Payment

Payment is due at the time of booking unless otherwise specified. By providing payment information, You authorize Us to charge the applicable fees to Your payment method.

Refunds

Fees for completed services are generally non-refundable unless otherwise required by applicable law. Refund requests will be reviewed on a case-by-case basis. Please contact Us at info@gotmoxiehealth.com to submit a refund request.

HIPAA and Healthcare Privacy

Protected Health Information (“PHI”) collected in connection with the provision of healthcare services is governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and our separate Notice of Privacy Practices. These Terms and Conditions do not supersede or limit any rights or protections You have under HIPAA.

By using our Service, You acknowledge that You have received or had the opportunity to review our Notice of Privacy Practices and our Website Privacy Policy.

SMS Communications

If You provide Your mobile phone number, You consent to receive appointment reminders, service notifications, and healthcare-related communications via SMS text message where permitted by law.

• You may opt out of SMS communications at any time by replying STOP.

• Message and data rates may apply.

• Opting out of SMS communications may impact Our ability to provide certain service-related notifications.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable federal, state, or local law or regulation.

• Provide false or misleading information, including misrepresenting Your identity or health information.

• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems.

• Introduce any viruses, malware, or other harmful code into the Service.

• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service.

• Use the Service to send unsolicited communications (spam) or for any commercial solicitation without Our express written consent.

Intellectual Property

The Service and its original Content, features, and functionality are and will remain the exclusive property of Moxie Health, PLLC and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for personal, non-commercial purposes in accordance with these Terms.

Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Moxie Health, PLLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

We strongly advise You to review the terms and privacy policies of any third-party sites You visit. Your use of third-party services is at Your own risk.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Moxie Health, PLLC, its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with Your access to or use of (or inability to access or use) the Service.

Nothing in these Terms limits Our liability for death or personal injury caused by Our negligence, fraud, or any other liability that cannot be excluded by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Moxie Health, PLLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way related to Your use of the Service, Your violation of these Terms, or Your violation of any third-party rights.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall first be subject to good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Travis County, Texas, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action or other representative action.

Changes to These Terms

We reserve the right to modify or replace these Terms at any time at Our sole discretion. If a revision is material, We will provide at least 14 days’ notice prior to the new terms taking effect, either via email or a prominent notice on Our Website.

Your continued use of the Service after the effective date of any revised Terms constitutes Your acceptance of the updated Terms. If You do not agree to the new Terms, please discontinue use of the Service.

Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation intellectual property provisions, disclaimers, and limitations of liability.

Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Children’s Use

Our Service is not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If You are a parent or guardian and believe Your child has provided Us with personal information, please contact Us and We will take steps to remove such information.

Entire Agreement

These Terms and Conditions, together with Our Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between You and Moxie Health, PLLC with respect to Your use of the Service and supersede all prior agreements, representations, and understandings.

Contact Us

If You have any questions about these Terms and Conditions, You can contact Us:

By email: info@gotmoxiehealth.com

By phone: 512-553-1950

By mail: Moxie Health, PLLC, 9600 Escarpment Blvd Ste 745, Austin, TX 78749