Terms of Service

About these terms

These Terms of Service ("Terms") are an agreement between you and StemNovaMD, PLLC ("StemNovaMD," "we," "us"). They apply when you use stemnovamd.com, create an account, complete an assessment, or receive care or medication through us. By creating an account or using our services, you agree to these Terms, our Privacy Policy, our Telehealth Informed Consent, and our Refunds & Cancellations policy, and you acknowledge our Notice of Privacy Practices. If you do not agree, do not use our services.

Who provides your care

StemNovaMD is a physician-led medical practice. Clay Buchanan, MD, our Medical Director, is licensed in Texas and Florida and is the prescribing physician. Video evaluations are performed by licensed clinicians of our telehealth partner, Qualiphy PC. Each clinician uses independent professional judgment, and no one at StemNovaMD may direct a clinician to prescribe or to recommend a particular medication.

Prescriptions are filled by Strive Pharmacy, a licensed pharmacy that is independent of StemNovaMD. Our clinicians' names, licenses and credentials are listed on our Care team page, and you can verify them with the Texas Medical Board or the Florida Department of Health.

StemNovaMD is part of the Stem Nova ecosystem. StemNovaMD does not offer, recommend, prescribe, sell, refer for, or facilitate stem cell, exosome, or other biologic services.

Eligibility

To use our services, you must:

• be at least 18 years old;
• be physically located in Texas or Florida at the time of every assessment, visit and message with a clinician, and have your medication shipped to an address in that state;
• verify your identity with a valid government-issued photo ID; and
• create and use an account only for yourself. You may not request care or medication for anyone else.

Some medications and programs are not available in every state we serve.

Not for emergencies

Our services are not for emergencies or urgent medical needs. If you think you are having a medical emergency, such as chest pain, trouble breathing, a severe allergic reaction, or thoughts of harming yourself, call 911 or go to the nearest emergency room. For a mental health crisis, call or text 988. Do not use the patient portal, email or text messages for urgent needs; our care team may not see them right away.

Telehealth and the clinician–patient relationship

Visiting our website, reading our content or starting an assessment does not create a clinician–patient relationship. That relationship begins only when a licensed clinician evaluates you and accepts you for care.

Every patient has a live video evaluation with a licensed clinician before any prescription is issued, and at least once every 12 months while in care. We do not prescribe based on a questionnaire alone. A clinician may decide that telehealth is not right for you and refer you to in-person care, emergency care, or your primary care provider.

If you have a primary care provider and you consent, we will send them a report of your visit as Texas law requires. You can contact your care team through the patient portal for follow-up questions, and we will tell you how to get follow-up care.

Prescriptions

• No guarantee of a prescription. A prescription is issued only if the prescribing physician determines that treatment is clinically appropriate for you. Completing an assessment, paying, or choosing a plan does not entitle you to a prescription, a particular medication, a particular dose, or refills.
• Continued treatment. Refills and renewals depend on your clinician's continued judgment that treatment is appropriate, which may require follow-up visits, messages or lab tests. A longer payment plan never guarantees continued treatment or refills.
• Controlled substances. Some medications, such as testosterone, are controlled substances. We prescribe them only as federal and state law allow, which includes a live video visit, identity verification and a check of the state prescription drug monitoring program, and may include lab tests or an in-person evaluation.
• Compounded medications. Some medications we prescribe are compounded by a pharmacy for you. Compounded medications are not FDA-approved, and the FDA does not review them for safety, effectiveness or quality. Your treatment plan tells you whether a medication is compounded, commercially manufactured or FDA-approved.
• Choice of pharmacy. Our plans include medication dispensed by our partner pharmacy. You may ask us to send your prescription to another licensed pharmacy that can legally fill it; the plan price will not apply to medication filled elsewhere, and you will pay that pharmacy directly.
• Personal use only. Medication is prescribed for you alone. You may not share, sell or give it to anyone else.

Your responsibilities

Safe telehealth care depends on you. You agree to:

• give complete, accurate and truthful information about your identity, location, health history, medications and symptoms, and keep it up to date;
• follow your clinician's instructions and the directions that come with your medication;
• complete follow-up visits and lab tests your clinician requires;
• tell your care team promptly about side effects or changes in your health, and get emergency care when needed; and
• tell your other health care providers about the medications you take.

Giving false or incomplete information can put your health at risk and may result in our ending your care. To report a side effect, see Report a side effect.

Lab tests

Some programs require lab tests before or during treatment. Your clinician decides which tests are needed. Lab tests are performed by independent laboratories. We tell you the cost of any lab test before you are charged, and your clinician reviews your results with you.

Prices, payment and automatic renewal

• The assessment is free. When you complete it, we save your payment card with our payment processor. We charge $0 and place no hold on your card.
• When you are charged. You are charged only if a clinician prescribes treatment and you then review and confirm your treatment plan. Before you confirm, we show you the medication, the plan price, the plan length, what the price includes, your renewal date and how to cancel.
• Plan lengths. Plans are offered as 1-, 3- or 12-month plans. The full price for the plan length you choose is charged when you confirm your plan.
• Automatic renewal. Your plan renews automatically at the end of each plan period for the same length, and we charge your saved card the plan price then in effect, until you cancel. We ask for your express consent to automatic renewal before your first charge. For 3- and 12-month plans, we email you a reminder at least 7 days before each renewal.
• Renewals need a valid prescription. We do not charge a renewal unless your clinician has authorized continued treatment. If a renewal is charged and your clinician then stops or pauses your treatment, we refund the charge for any medication not yet dispensed.
• Price changes. If a plan price changes, we will notify you at least 30 days before the new price applies to your renewal, so you can cancel first.
• No insurance. StemNovaMD is cash-pay and does not bill health insurance. There are no separate membership fees. You may be able to use an HSA or FSA card; ask your plan administrator. We can provide an itemized receipt on request.
• Failed payments. If a charge fails, we will let you know and may pause shipments until your payment is updated.
• All prices are in U.S. dollars and include standard shipping unless stated otherwise.

Cancellation and refunds

• Cancel anytime online from your account, or by emailing support@stemnovamd.com or calling 281-531-7500. Cancellation stops future renewals. You keep access to care and any medication already paid for through the end of your current plan period.
• Not prescribed: you are never charged.
• Cancel before your medication is dispensed: we refund that charge in full.
• After medication is dispensed: prescription medication cannot be returned or resold under pharmacy law, so dispensed medication is not refundable, except as described below or where the law requires a refund.
• Damaged, lost or incorrect shipments: contact us within 14 days of the expected delivery date and we will replace the medication or refund it.
• Refunds are made to your original payment method, usually within 5 to 10 business days. More detail is in our Refunds & Cancellations policy.
• If you have a billing concern, please contact us before disputing a charge with your bank. We will work to resolve it quickly.

Shipping

Medication is shipped in discreet packaging to your verified address in a state we serve. Some medications must be refrigerated or require a signature. You are responsible for providing a correct address and for storing your medication as directed once it is delivered. We cannot ship to addresses outside the states we serve.

Your account and electronic communications

Keep your login information confidential and do not let anyone else use your account. You are responsible for activity on your account. Tell us right away if you think someone has accessed it without permission.

You agree that we may give you these Terms, notices, receipts, consents and other records electronically, by email, in the patient portal or on our website, and that your electronic acceptance has the same effect as a handwritten signature. You may ask for a paper copy of any record at no charge.

You agree that we and your care team may contact you by email, text message, phone or the patient portal about your care, account, prescriptions, shipments, labs and billing. Email and text messages may not be fully secure; you can ask us to limit how we contact you. We send marketing messages only if you opt in, and you can opt out at any time. For text messages, message frequency varies, message and data rates may apply, and you can reply STOP to opt out or HELP for help. Carriers are not liable for delayed or undelivered messages.

Website content is educational

Articles, program pages and other content on our website are for general education only. They are not medical advice, do not create a clinician–patient relationship, and are not a substitute for an evaluation by a licensed clinician. Individual results vary, and we do not guarantee any particular result from any treatment.

Acceptable use

You agree not to:

• impersonate anyone or give false identity, age or location information;
• use a VPN or other method to misrepresent your location;
• obtain medication for resale, for another person, or for any unlawful purpose;
• harass, threaten or abuse our staff or clinicians;
• interfere with, scan, scrape or attempt to gain unauthorized access to our website, systems or other patients' information; or
• use our services in any way that violates the law.

Intellectual property

The StemNovaMD name, logo, website content and design belong to StemNovaMD or its licensors. You may view and print content for your personal, non-commercial use. You may not copy, modify, distribute or use it for any other purpose without our written permission. Your medical records are available to you as described in our Notice of Privacy Practices.

Third-party services

Our services rely on independent third parties, including our telehealth partner, pharmacy, laboratories, identity-verification and payment providers, and shipping carriers. Each is responsible for its own services. Links to outside websites are provided for convenience; we do not control and are not responsible for their content.

Ending your use of our services

You may stop using our services and cancel your plan at any time. We may suspend or end your account or care if you violate these Terms, give false information, no longer meet eligibility requirements, or if a clinician determines that our services are not appropriate for you. If we end your care, we will tell you, give you reasonable guidance on getting care elsewhere, and provide your medical records on request. Sections that by their nature should continue, including payment obligations, disclaimers and limits of liability, survive after your account ends.

Disclaimers

Except as stated in these Terms, our website and non-clinical services are provided "as is" and "as available," and to the extent the law allows, we disclaim implied warranties such as merchantability, fitness for a particular purpose and non-infringement. We do not promise the website will always be available or error-free. Nothing in these Terms limits the professional duties our clinicians owe you, or any right you have under law that cannot be waived.

Limitation of liability

To the extent the law allows, StemNovaMD is not liable for indirect, incidental, special, consequential or punitive damages arising from your use of our website or non-clinical services, and our total liability for any claim related to them is limited to the amount you paid us in the 12 months before the claim. These limits do not apply to claims for professional negligence in the medical care you receive, to our gross negligence or willful misconduct, or to any liability that the law does not allow to be limited.

Indemnification

You agree to be responsible for, and to reimburse us for, losses and reasonable costs caused by your knowingly giving false information, sharing or reselling medication, or otherwise intentionally violating these Terms. This does not apply to anything caused by our own negligence or misconduct.

Disputes and governing law

If you have a concern, please contact us first at support@stemnovamd.com so we can try to resolve it informally. These Terms are governed by the laws of the State of Texas, except that the laws of the state where you were located when you received care govern that care where the law requires. Any lawsuit must be brought in a state or federal court with jurisdiction, and nothing in these Terms waives your right to file a complaint with a licensing board or government agency.

Complaints to state licensing boards

Texas — Notice concerning complaints: Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, may be reported for investigation to the Texas Medical Board. Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us.

Florida: Complaints about a Florida-licensed health care practitioner may be filed with the Florida Department of Health, Division of Medical Quality Assurance, at flhealthsource.gov or by calling 850-488-0595.

Changes to these Terms

We may update these Terms. We will post the new version here with a new effective date. If we make a material change, especially to pricing, billing or renewal, we will notify you by email or in the patient portal before it takes effect, and where the law requires, ask for your consent. Changes do not apply to charges already made.

General

These Terms, together with the policies and consents they refer to, are the entire agreement between you and us about our services. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms; we may transfer ours as part of a reorganization, merger or sale, subject to the law governing medical records.

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