Terms and Conditions for Thrively by OmniPhysicians, PLLC

Effective Date: June 4, 2025

Welcome to Thrively by OmniPhysicians (“Thrively,” “we,” “us,” or “our”), a cash-only telemedicine practice providing chronic disease management services. By accessing our website, scheduling a consultation, or making a payment, you (“you,” “your,” “patient,” or “customer”) agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully before using our services. If you do not agree, you may not make an account or use our services.

1. Nature of Services

Thrively by OmniPhysicians is a cash-only telemedicine practice offering chronic disease management services, including consultations, diagnoses, and medication prescriptions, delivered via synchronous (voice or video) and asynchronous (email or text) methods, as permitted by law. We do not accept insurance, Medicare, Medicaid, or other third-party reimbursements. All services are paid for directly by you at the time of purchase.

• Eligibility: You must be 18 years or older, and domiciled in Texas to use our services. If you are traveling outside of Texas, we can still treat you, but you must physically be in Texas during the first video consultation to establish care.  Medications must also be shipped to a Texas address. By using our services, you confirm you meet these requirements.

• No Emergency Services: Our services are not for medical emergencies. If you are experiencing a medical emergency, call 911 or visit the nearest emergency room immediately.

• No Urgent Care Services: Our services are not for urgent medical conditions. The services are for chronic conditions or diseases.  Minor acute illness will be treated at the discretion of the treating physician.  If you are experiencing an urgent medical condition, visit the nearest urgent care.

• Scope of Care: Initial consultations require a synchronous interaction (voice or video call) to establish care, per Texas law. Follow-up care may use email or text with your consent. We make no guarantee that you will be prescribed any controlled substances.  This is at the discretion of the treating physician. 

2. Payment and Fees

• Cash-Only Model: All services and subscriptions require full payment at the time of purchase via credit card, Health Savings Account (HSA) or other accepted payment methods through our payment processor. Prices are provided at the time of checkout.

• Subscription Plans: If you enroll in a subscription plan, charges begin on the signup date and recur based on the selected frequency (e.g., monthly). You authorize us to charge your payment method automatically until you cancel. No refunds are provided for partial subscription periods.

• No Insurance: You are solely responsible for all fees. We do not submit claims to insurance, Medicare, or Medicaid. You may not submit receipts to federal healthcare programs for reimbursement, as we are not enrolled in these programs.

• Medication Markup: If we facilitate prescriptions through partnered mail-order pharmacies, a markup or service charge may be included in the cost, for these services. This may be in lieu of or in addition to a membership fee for certain services.

• Non-Refundable: Payments are non-refundable except as required by law or at our sole discretion. If you dispute a charge, you agree to follow our dispute resolution process (Section 10).

3. Patient Responsibilities

• Accurate Information: You agree to provide accurate medical history, contact details, and payment information. Failure to provide truthful information may affect the quality of care or result in termination of services.

• Consent to Telemedicine: You consent to receiving care via telemedicine, including voice, video, email, or text, understanding its limitations compared to in-person care.

• Compliance with Prescriptions: You are responsible for following medical advice and prescriptions. We are not liable for outcomes resulting from non-compliance.

• Technology: You are responsible for maintaining secure and functional devices and internet access for telemedicine consultations.

• Pharmacies: You accept delivery of medications to your location from mail-order pharmacies that we use.  You agree to communicate with the mail-order pharmacies and keep your contact information accurate to ensure delivery of your medications.  If you prefer a different pharmacy, we will make our best effort to use your preferred pharmacy.  

• Labs and Imaging: You accept responsibility plus cost to complete the lab work and imaging tests we recommend.  This includes ordering and scheduling the labs and imaging through various websites. 

• Costs: We are not responsible for and do not reimburse for the cost of any tests (e.g. labs, imaging) or medications.  Your membership fee covers unlimited consultations and physician cell phone access.  There may or may not be a separate service charge per prescribed medication.  You agree to not submit any claims or reimbursement requests to any state or federal healthcare programs (e.g. Tricare, Medicare, Medicaid) for our services, including the cost you incur from labs, imaging, or medications.  However, we do accept health savings account (HSA) cards for payment of our services and you may try to use an HSA card for labs, imaging, or medications that we recommend. If medication is advertised as included in your treatment plan, the medication will be from a compounding pharmacy. This is to titrate the dose better, save you money, and streamline our services. If you are unhappy with the compounded medication(s), we will find you the next best medication(s) option at the most reasonable price (e.g. GoodRx), but you will have to pay out of pocket for the non-compounded medication(s). You will not be reimbursed for the cost the non-compounded medication(s) used to replace the compounded medication. The compounded medication(s) are delivered to you at no extra charge (i.e. included in your membership fee). If you choose to use a non-compounded medication(s), the non-compounded medication(s) may or may not be delivered to you, and you will be responsible for any delivery cost.

4. Privacy and Data Security

• Non-HIPAA Entity: As a cash-only practice, we are not a covered entity under HIPAA. However, we comply with Texas HB 300 and other applicable state privacy laws to protect your personal and health information. We also use HIPAA compliant electronic medical records providers (e.g. Carepatron).

• Communication Consent: You consent to unsecured and/or unencrypted communication methods (e.g., gmail, text, or WhatsApp) for all patient-physician interactions, as permitted by Texas HB 300 with this written waiver. Sensitive data is encrypted and stored securely.

By accepting these terms you are requesting us to send and receive all of your protected health information (PHI) using your email (e.g. gmail) and your cell phone (e.g. text, audio and video), which may be unsecured and/or unencrypted.  You also request that your treating healthcare team OmniPhysicians, PLLC use their emails (e.g. gmail) and their cell phones (e.g. text, audio, and video) as well as video call apps (e.g. FaceTime, WhatsApp), which may be unsecured and/or unencrypted, in order to share your PHI when necessary for your medical care.  You accept the risk that your PHI sent using unsecured and/or unencrypted methods could cause your PHI to be intercepted by third parties.  Your medical records will be stored in an encrypted HIPAA compliant cloud storage database.  

• Data Use: We collect, store, and use your information as outlined in our Privacy Policy, available on our website. By using our services, you agree to our data practices.

• Third Parties: We may share your information with mail-order pharmacies or other service providers (e.g., Stripe for payments) to fulfill services, subject to confidentiality agreements.

5. Cancellations and Terminations

• Subscription Cancellation: You may cancel your subscription at any time by contacting us by phone. Cancellations take effect at the end of the current billing cycle, with no refunds for partial periods. Your services will continue until the end of the last billing cycle.

• Service Termination: We reserve the right to terminate services if you violate these Terms, fail to pay, or engage in behavior deemed inappropriate or harmful to our practice.

• Refunds: Refunds are not provided unless required by law. If a refund is granted, it will be processed to the original payment method within 30 business days.

6. Intellectual Property

All content on our website, including the “thrively” brand, logos, and materials, is owned by Omni Physicians PLLC or its licensors. You may not use, reproduce, or distribute our content without written permission.

7. Limitation of Liability

• No Warranties: Our services are provided “as is” without warranties, express or implied. We do not guarantee specific outcomes from medical advice or treatments.

• Liability Cap: To the fullest extent permitted by law, our liability for any claim arising from our services is limited to the amount you paid for the specific service in question.

• No Consequential Damages: We are not liable for indirect, incidental, or consequential damages, including lost profits or emotional distress, arising from your use of our services.

• Medical Outcomes: Telemedicine has inherent limitations. We are not liable for outcomes due to technical issues, patient non-compliance, or limitations of virtual care.

8. Indemnification

You agree to indemnify and hold harmless Thrively by Omni Physicians, its physicians, employees, and affiliates from any claims, damages, or losses arising from your misuse of our services, violation of these Terms, or submission of inaccurate information.

9. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

• Dispute Resolution: Any disputes arising from these Terms or our services will be resolved through good-faith negotiation. If unresolved, disputes will enter binding and final arbitration in Collin County, Texas. You waive any objection to this venue.  You waive all rights to a jury trial or class-action lawsuit. 

• Chargebacks: If you initiate a chargeback, you agree to provide evidence of your claim and cooperate with our investigation. We may suspend your account during disputes.

10. Changes to Terms

We may update these Terms at any time. The updated version will be posted on our website, and any continued use of our services constitutes acceptance of the new Terms. If you do not agree with these terms or any future terms, your sole remedy is to cancel services through your account portal. 

11. Contact Us

For questions, cancellations, or support, contact us on our Contact page. 

12. Acceptance of Terms

By completing our using our services, you confirm you have read, understood, and agree to these Terms and Conditions and our Privacy Policy. You acknowledge that these Terms form a binding agreement between you and Thrively by OmniPhysicians, PLLC.