Privacy Policy & Terms of Service

BioPeakRx Privacy Policy

This Privacy Policy explains how BioPeakRx ("BioPeakRx," "we," "our," or "us") collects, uses, shares, and protects your information when you visit our website, communicate with us, or receive care via telehealth. It applies to our operations in Arizona, Nevada, Utah, Florida, Texas, Washington, Colorado, and New Mexico (with California coming soon).

This website Privacy Policy is separate from our Notice of Privacy Practices (NPP), which describes in detail how we use and disclose protected health information (PHI) for treatment, payment, and healthcare operations as required by HIPAA.

1. Information We Collect

We may collect the following categories of information when you interact with BioPeakRx online or offline:

• Identification and contact information — Name, email, phone, address
• Account and scheduling information — Appointment details, login credentials
• Health and medical information (PHI) — Medical history, diagnoses, medications
• Billing and payment information — Payment methods
• Device and usage information — IP address, browser type, pages visited
• Demographic and marketing information — Age, location, preferences

We collect information when you:

• Request an appointment or consultation
• Complete intake or consent forms online
• Create a member account or use our patient portal
• Use telehealth or secure messaging tools
• Subscribe to emails or SMS updates
• Participate in promotions, surveys, or events
• Contact our team by phone, text, email, chat, or social media

2. How We Use Your Information

• Provide telehealth services and coordinate your care
• Operate and improve our practice and internal processes
• Communicate with you about appointments, treatment, and support
• Personalize and improve our website and digital services
• Conduct permitted marketing and outreach where allowed by law
• Comply with legal obligations and protect health and safety

3. Telehealth, Multi-State Care, and Consent

BioPeakRx provides telehealth services to patients located in Arizona, Nevada, Utah, Florida, Texas, Washington, Colorado, and New Mexico (with California coming soon), subject to each state's laws. We obtain informed consent for telehealth in accordance with state requirements. Telehealth visits receive the same confidentiality and record protections as in-person visits.

4. How We Protect Your Information

BioPeakRx uses reasonable administrative, technical, and physical safeguards to protect your information, including PHI. These include:

• Encrypted data transmission (SSL/TLS) on websites and portals
• Role-based access controls and secure systems
• HIPAA-aligned vendors and Business Associate Agreements where required
• Workforce policies and training to reduce unauthorized use or disclosure

5. Cookies, Analytics, and Advertising

Our sites may use cookies, pixels, and similar technologies, along with tools such as Google Analytics and advertising platforms, to understand usage and improve services. You can manage cookies and some tracking through browser settings, Google Ads Settings, and the Google Analytics Opt-out Browser Add-on.

6. Sharing and "Selling" of Information

BioPeakRx does not sell your personal information or PHI for money. We may share information with:

• Service providers and business associates
• Licensed pharmacy and laboratory partners involved in your care
• Regulators or others when legally required
• Successors in a merger or asset transfer, under appropriate safeguards

Some state laws may treat certain analytics or ad uses as a "sale" or "share," in which case you may have opt-out rights described below.

7. Children's Privacy

We do not knowingly market to or collect information online from children under 13 without parent or guardian involvement, consistent with COPPA and applicable state laws. Our services are intended for adults 18 and older.

8. Data Retention

Medical records and PHI are retained and destroyed according to HIPAA, state medical-record rules, and professional standards. Non-medical website and marketing data is retained as needed for the purposes described in this Policy or as required by law.

9. Data Breach Notification

If a breach of unsecured PHI occurs, we will notify affected individuals in accordance with HIPAA and applicable state laws. For other personal information, we follow applicable state breach-notification requirements.

10. Email, SMS, and CAN-SPAM Compliance

Marketing emails will avoid misleading headers or subject lines, include a clear unsubscribe or preference-management option, and be processed promptly when you opt out, consistent with CAN-SPAM and similar laws. Service-related messages (for example, appointment or portal notices) may still be sent where permitted even if you opt out of marketing.

11. State-Specific Privacy Rights

Depending on your state of residence, you may have additional rights such as the right to know, access, delete, correct, or limit certain uses of your personal information, and to opt out of certain data sharing or targeted advertising. To exercise these rights, contact us using the information below. We may need to verify your identity and, where allowed, an authorized agent may act on your behalf. Your HIPAA rights to access, amend, or receive an accounting of disclosures of PHI are described in our Notice of Privacy Practices.

12. Do Not Track

Because there is no standard for browser "Do Not Track" (DNT) signals, our sites may not respond to all such signals. You can limit some tracking by adjusting browser and cookie settings and using available opt-out tools.

13. Your HIPAA Rights and Notice of Privacy Practices

Under HIPAA, you generally have the right to access, request correction of, and in some cases restrict or obtain an accounting of certain uses and disclosures of your PHI. These rights are detailed in our Notice of Privacy Practices, available upon request.

14. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technology, or legal requirements. When we do, we will revise the Effective Date above and may provide additional notice where required.

BioPeakRx Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of services provided by BioPeak LLC, doing business as BioPeakRx ("BioPeakRx," "we," "us," or "our") and your access to our website at biopeakrx.com (the "Website"). By scheduling an appointment, receiving services, creating an account, or using our Website, you ("Patient," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services or Website.

2. Services Provided

BioPeakRx provides telehealth healthcare services including but not limited to:

• Provider-evaluated, prescribed peptide therapy
• GLP-1 medical weight management (compounded medications — such as semaglutide or tirzepatide — prescribed when clinically appropriate; compounded medications are not FDA-approved)
• Hormone optimization, including Testosterone Replacement Therapy (TRT)
• Sexual health treatment
• Energy & longevity therapies, including NAD+
• Recovery & performance therapies
• Sleep support
• Telemedicine consultations

Services are provided by licensed healthcare professionals within their scope of practice. The scope of services may change at any time without prior notice. All therapies require evaluation by a licensed provider and are prescribed only when clinically appropriate.

3. Patient Eligibility and Responsibilities

3.1 Age and Legal Capacity

You represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and throughout your care. You are responsible for updating your medical history, medications, allergies, and contact information promptly.

3.3 Financial Responsibility

You understand that you are financially responsible for all charges incurred for services provided to you. Payment is due at the time of service unless other arrangements have been made in advance.

4. Appointment Scheduling, Cancellations, and No-Shows

4.1 Scheduling

Appointments may be scheduled through our Website or booking system. We will make reasonable efforts to accommodate your preferred appointment time, but availability is not guaranteed.

4.2 Cancellation and No-Show Policy

A nonrefundable $100 booking fee applies to all appointments that are no-call/no-shows or cancellations made within 24 hours of the scheduled appointment time. Please notify us at least 24 hours in advance to cancel or reschedule.

• You must provide at least 24 hours' notice to cancel or reschedule an appointment to avoid the $100 fee.
• No-call/no-show appointments will result in a $100 fee charged to your payment method on file.
• Late cancellations (less than 24 hours' notice) will result in a $100 fee charged to your payment method on file.
• This fee is nonrefundable and compensates for the reserved time and resources.
• Repeated no-shows or late cancellations may result in termination of services at our discretion.

5. Fees and Payment

5.1 Service Fees

Fees for services vary depending on the type and complexity of care provided. Current pricing is available upon request and may be posted on our Website. Fees are subject to change without prior notice.

5.2 Payment Methods

We accept major payment methods as posted on our Website. Payment is due at the time of service unless otherwise agreed in writing.

5.3 Membership Programs and Payment Plans

If you enroll in a membership program or payment plan, you agree to the specific terms of that program, including automatic recurring payments if applicable. You may cancel membership programs in accordance with the terms of your membership agreement.

5.4 Insufficient Funds and Failed Payments

If a payment is declined or returned for insufficient funds, you will be responsible for the original amount due plus any applicable returned payment fees. Your account may be suspended until payment is received.

5.5 Collections

Unpaid balances may be referred to a collection agency. You agree to pay all reasonable costs of collection, including reasonable attorney fees and court costs.

6. Not Health Insurance

THE SERVICES PROVIDED BY BIOPEAKRX ARE NOT HEALTH INSURANCE. Our services do not meet the Affordable Care Act definition of minimum essential coverage. We do not accept insurance assignment or bill insurance companies for services covered under our agreements. You are responsible for payment of all services regardless of whether you maintain health insurance coverage. If you have health insurance, you may submit claims independently to your insurance provider for possible reimbursement, but BioPeakRx makes no guarantees regarding coverage or reimbursement.

7. Informed Consent and Telemedicine

7.1 Informed Consent for Treatment

By receiving services, you consent to examination, treatment, and procedures as deemed necessary by our healthcare providers. Specific procedures may require additional written consent. You have the right to refuse any recommended treatment.

7.2 Telemedicine Consent

In accordance with applicable state law, before providing healthcare through telemedicine we will obtain your verbal or written informed consent. If verbal consent is obtained, it will be documented in your medical record. By consenting to telemedicine services, you acknowledge:

• Telemedicine involves the use of electronic communications to deliver healthcare services
• The same standards of care apply to telemedicine as to in-person visits
• There are potential risks including technical failures, interruptions, unauthorized access, and limitations in physical examination
• You have the right to withhold or withdraw consent to telemedicine services at any time
• All medical reports and documentation from telemedicine consultations are part of your medical record
• You are responsible for providing your physical location at the start of each telemedicine appointment
• Telemedicine services meet industry security and privacy standards and comply with HIPAA and HITECH regulations

8. Medical Records and Privacy

8.1 HIPAA Compliance

BioPeakRx complies with the Health Insurance Portability and Accountability Act (HIPAA) and all applicable state and federal privacy laws. Our Notice of Privacy Practices is available separately and describes how your medical information may be used and disclosed.

8.2 Medical Records Access

You have the right to access and obtain copies of your medical records in accordance with applicable law. Requests must be made in writing and may be subject to reasonable copying fees.

8.3 Electronic Communications

By providing your email address, phone number, or mobile number, you consent to receive communications from BioPeakRx, including appointment reminders, health information, promotional materials, and other practice-related communications. You may opt out of marketing communications at any time by following the unsubscribe instructions or contacting our office.

9. Membership and Program Agreements

If you enter into a membership or program agreement with BioPeakRx, that agreement will be in writing, describe the scope of services covered by any periodic fee, specify all fees and the duration and any automatic renewal periods, and include a prominent disclaimer that the agreement is not health insurance. Either party may terminate in accordance with the terms of the agreement. We will not decline a new patient or discontinue care to an existing patient solely because of the patient's health status, and we do not charge different fees for comparable services based on a patient's health status or gender.

9.1 Right to Decline Patients

We reserve the right to decline to accept a patient if the practice has reached maximum capacity; we are unable to provide the appropriate level and type of care required; the patient has violated these Terms or engaged in abusive or threatening behavior; or the patient has outstanding unpaid balances or has repeatedly failed to meet financial obligations.

10. Prescription Medications and Controlled Substances

10.1 Prescribing Authority

Our healthcare providers prescribe medications in accordance with applicable law and within their scope of practice. All prescribing decisions are made based on medical necessity and clinical judgment.

10.2 Controlled Substances

If you are prescribed controlled substances (including testosterone, which is a Schedule III controlled substance under federal law), you agree to use medications only as prescribed; not share medications with others; safeguard medications from theft or misuse; submit to random drug testing if requested; use only one pharmacy for controlled substance prescriptions; attend all required follow-up appointments; and sign a controlled substance agreement if required. Violation of controlled substance policies may result in immediate discontinuation of prescriptions and termination of the patient-provider relationship.

10.3 Pharmacy Selection and Fulfillment

Prescriptions are dispensed by licensed U.S. pharmacy partners. Where you may select your own pharmacy, you may do so. We are not responsible for pharmacy delays, insurance coverage denials, or medication costs.

11. Scope and Limitations of Services

11.1 Not Emergency Services

BioPeakRx does not provide emergency medical services. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use telemedicine services for emergency situations.

11.2 Continuity of Care

While we strive to provide comprehensive care, we are not a substitute for emergency services, specialty care, or hospital-based services. You are responsible for maintaining appropriate health insurance coverage and accessing emergency and specialty services as needed.

11.3 Outside Provider Coordination

We will make reasonable efforts to coordinate care with your other healthcare providers, but we are not responsible for the actions or recommendations of outside providers.

11.4 No Guarantee of Outcomes

While our healthcare providers will use their professional judgment and follow evidence-based practices, we cannot guarantee specific treatment outcomes. Individual results may vary, and there are inherent risks with any medical treatment.

12. Liability and Disclaimers

12.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOPEAKRX, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND HEALTHCARE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Medical Professional Liability

Nothing in these Terms limits or waives claims for medical malpractice or professional negligence. Healthcare providers maintain professional liability insurance as required by law.

12.3 Website Disclaimer

THE WEBSITE AND ANY CONTENT PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Website will be uninterrupted, error-free, or free from viruses. Information on the Website is for general informational purposes only and does not constitute medical advice.

13. Patient Conduct and Termination

13.1 Expected Conduct

You agree to treat our staff and providers with respect; follow appointment policies; provide honest and complete medical information; follow treatment plans and recommendations; pay for services in a timely manner; and refrain from threatening, abusive, or disruptive behavior.

13.2 Termination by Patient

You may discontinue services at any time, subject to the terms of any membership agreement.

13.3 Termination by Provider

We reserve the right to terminate the patient-provider relationship for reasons including violation of these Terms; abusive, threatening, or disruptive behavior; failure to pay for services or repeated missed appointments; non-compliance with treatment plans or controlled substance agreements; providing false or misleading information; or when the patient's medical needs exceed our scope of practice or capacity. If we terminate the relationship, we will provide written notice and assist with transition of care when medically appropriate.

14. Use of Website

14.1 Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates applicable laws; attempt to gain unauthorized access to our systems; transmit viruses or harmful code; interfere with or disrupt the Website; collect information about other users without consent; or use automated systems to access the Website.

14.2 Intellectual Property

All content on the Website, including text, graphics, logos, images, and software, is the property of BioPeakRx or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

14.3 User Content

If you submit content to the Website (such as reviews or testimonials), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display that content in connection with our business.

15. Third-Party Links and Services

The Website may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy practices, or terms of third-party sites. Your use of third-party sites is at your own risk.

16. Indemnification

You agree to indemnify, defend, and hold harmless BioPeakRx, its owners, employees, contractors, and healthcare providers from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to your violation of these Terms; your use of our services or Website; your violation of any rights of another person or entity; or your provision of false or misleading information.

17. Dispute Resolution

17.1 Governing Law

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

17.2 Venue

Any legal action or proceeding arising out of or related to these Terms or your use of our services shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to the personal jurisdiction of such courts.

17.3 Arbitration

Except for medical malpractice claims, any dispute arising out of or related to these Terms may be resolved through binding arbitration in accordance with the American Arbitration Association rules. Either party may elect arbitration by providing written notice to the other party.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with an updated Effective Date. Your continued use of our services or Website after changes are posted constitutes your acceptance of the modified Terms.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of BioPeakRx.

21. Entire Agreement

These Terms, together with our Notice of Privacy Practices and any service-specific agreements you enter into, constitute the entire agreement between you and BioPeakRx regarding the subject matter herein and supersede all prior agreements, understandings, and representations.

22. Acknowledgment

By using our services or Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.