Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and ByAven LLC (“ByAven,” “we,” “us,” or “our”), a Wyoming limited liability company.

By accessing or using our website (byaven.com) or services (collectively, the “Services”), you confirm that you:

• Are at least 18 years of age
• Have read, understood, and agree to be bound by these Terms
• Have legal capacity to enter into a binding agreement
• Will use the Services in accordance with these Terms

If you do not agree to these Terms, do not use our Services.

2. Description of Services

ByAven operates a telehealth platform that connects users seeking menopause and midlife women's health support with licensed healthcare providers. Our Services include:

• Health assessment quizzes and intake forms
• Connection with licensed providers for evaluation
• Asynchronous messaging with providers
• Prescription fulfillment and shipping (when prescribed)
• Educational content about women's health
• Account management and subscription services

ByAven is a technology platform. We do not provide medical care directly. Medical care is provided by independent licensed healthcare providers who use our platform.

3. Nature of Telehealth Services

Telehealth is the delivery of healthcare services through electronic communications technology. Our Services use asynchronous (store-and-forward) telehealth, where:

• You provide health information through our platform
• Licensed providers review your information
• Communications occur through secure messaging
• Real-time video or in-person visits are not part of standard service

Limitations of Telehealth

You acknowledge that telehealth has inherent limitations:

• Providers cannot perform physical examinations
• Some medical conditions cannot be properly evaluated remotely
• Technology failures may delay communications
• Not all medications can be prescribed via telehealth
• Providers may determine in-person care is necessary

Emergency Services

ByAven is NOT an emergency service. Do not use our platform for medical emergencies. If you are experiencing a medical emergency, call 911 or visit your nearest emergency room immediately.

4. Eligibility and Account

To use our Services, you must:

• Be at least 18 years of age
• Reside in a state where our providers are licensed
• Provide accurate, complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

5. User Responsibilities

By using our Services, you agree to:

• Provide truthful, accurate medical and personal information
• Update information when changes occur
• Follow your provider's treatment recommendations
• Report side effects or concerns promptly
• Use medications only as prescribed
• Not share your medication with others
• Maintain confidentiality of your account information
• Pay all applicable fees in a timely manner

Failure to provide accurate information can result in inappropriate treatment recommendations and harm to your health. You assume responsibility for the accuracy of information you provide.

6. Medical Disclaimer

The Services are provided for informational and connective purposes. The information on our website is not a substitute for professional medical advice, diagnosis, or treatment.

• Treatment is only prescribed when clinically appropriate after evaluation
• Individual results may vary
• No outcomes are guaranteed
• Providers may decline to treat if not clinically appropriate
• You should consult your primary care physician about any major health changes

See our Medical Disclaimer for additional information.

7. Payment and Billing

Subscription Pricing

• Initial Month: $199 charged when your provider creates and approves your treatment plan
• Ongoing Months: $149 per month, billed automatically on the same day each month
• Specialty Compounding: May involve additional charges, disclosed in advance

Authorization and Billing

By providing payment information, you authorize ByAven to:

• Charge your payment method for fees you incur
• Automatically renew your subscription monthly until canceled
• Update payment information through automatic card updates
• Send electronic receipts for all transactions

Failed Payments

If a payment fails, we may attempt to charge again or contact you for updated payment information. Continued failed payments may result in suspension of services.

Price Changes

We reserve the right to change our prices. Existing subscribers will receive at least 30 days advance notice of any price increase, with the option to cancel before the new price takes effect.

HSA/FSA

Our Services may be eligible for HSA/FSA reimbursement. We provide itemized receipts upon request. Eligibility depends on your specific plan — verify with your administrator.

No Insurance Acceptance

ByAven is a cash-pay service. We do not bill insurance directly. You may submit receipts to your insurance for potential out-of-network reimbursement.

8. Cancellation and Refunds

How to Cancel

You may cancel your subscription at any time through your account dashboard or by contacting customer support at billing@byaven.com. Cancellation takes effect at the end of your current billing period — you will retain access through the last day you have paid for and will not be charged for any future billing periods.

“Cancel anytime” means: no contracts, no cancellation fees, and no future charges after you cancel. You will not receive a refund for the current billing period already charged.

Pause Subscription

You may pause your subscription instead of canceling. While paused, you will not be charged or receive shipments.

Refund Policy

Because our subscription grants immediate access to provider services and prescription processing, fees are generally non-refundable once a billing period begins:

• Subscription fees: Non-refundable for the current billing period. Cancelling stops all future charges.
• Medications: Cannot be returned or refunded once shipped, per pharmacy regulations
• Provider services: Non-refundable once provider review begins
• Technical errors: Refunds for billing errors processed within 30 days
• Service unavailable in your state: Full refund of the current period if ByAven cannot legally serve your state

Discretionary Refunds

We may offer refunds at our discretion for unusual circumstances. Contact billing@byaven.com to request a refund.

9. Prohibited Conduct

You agree NOT to:

• Provide false or misleading information
• Use the Services for anyone other than yourself
• Share your account or medications with others
• Attempt to obtain medications fraudulently
• Resell or redistribute medications
• Use the Services in violation of any law
• Interfere with or disrupt our platform
• Attempt to access unauthorized areas of our systems
• Use automated tools to access the Services
• Reverse engineer or copy our platform
• Harass, threaten, or abuse providers or staff

Violation of these provisions may result in immediate account termination and legal action.

10. Intellectual Property

All content on the Services — including text, graphics, logos, images, software, and designs — is owned by ByAven or our licensors and protected by copyright, trademark, and other laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not:

• Copy, reproduce, or distribute our content
• Modify or create derivative works
• Use our trademarks without permission
• Remove copyright or proprietary notices

Content you provide (medical history, messages) remains your property, but you grant us a license to use it as necessary to provide the Services.

11. Third-Party Services

Our platform integrates with third-party services including payment processors, hosting providers, shipping carriers, and clinical platforms. We are not responsible for:

• Third-party privacy practices or terms
• Service interruptions caused by third parties
• Errors or actions of third-party providers
• Content of third-party websites linked from our Services

Your use of third-party services is subject to their terms and policies.

12. Disclaimers and Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by law, ByAven disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties of uninterrupted or error-free operation
• Warranties of security or freedom from viruses
• Warranties regarding treatment outcomes or efficacy

We do not warrant that the Services will meet your specific needs or that any defects will be corrected.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BYAVEN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from third-party services or actions
• Damages arising from telehealth limitations
• Damages arising from failure to follow provider recommendations

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow these limitations, so they may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless ByAven, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your violation of these Terms
• Your use of the Services
• Your violation of any third-party rights
• False or misleading information you provide
• Failure to follow provider recommendations

15. Dispute Resolution and Arbitration

Informal Resolution

Before filing a formal dispute, you agree to attempt to resolve issues informally by contacting us at legal@byaven.com. We will work in good faith to address your concerns within 30 days.

Binding Arbitration

If informal resolution fails, you and ByAven agree to resolve any dispute through binding arbitration rather than in court, except for:

• Claims for injunctive or equitable relief
• Claims regarding intellectual property
• Small claims court matters under jurisdictional limits

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Wyoming or by phone/video at your request.

Class Action Waiver

YOU AND BYAVEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

30-Day Opt-Out

You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending written notice to legal@byaven.com.

16. Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal action permitted under these Terms must be brought in the state or federal courts located in Wyoming.

17. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Failure to pay fees
• Discontinuation of the Services

Upon termination, your right to use the Services ends immediately. Provisions that should survive termination (including disclaimers, liability limits, dispute resolution) will continue in effect.

18. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and ByAven.

Severability

If any provision is held invalid or unenforceable, the remaining provisions will remain in full effect.

No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment

You may not assign these Terms. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or notification. Continued use after changes constitutes acceptance.

Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, or governmental actions.

19. Contact Information

For questions about these Terms, contact us at:

ByAven LLC
Legal Department
30 N Gould St Ste R
Sheridan, WY 82801
United States

Legal inquiries: legal@byaven.com
Billing questions: billing@byaven.com
General support: hello@byaven.com