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Legal

Terms of Service

The agreement between you and Mica Peak Health when you use our platform and membership.

Operated by Mica Health Ventures, LLC (d/b/a Mica Peak Health). Effective / last updated: June 20, 2026

Plain-language summary (informational only; the full Terms control)

• Mica Peak Health is a technology and administrative platform. It is not a medical practice, does not provide medical care, and never dispenses medication.

• Medical care is provided by independent licensed clinicians of Empathra Medical P.C. Whether you are treated, and what is prescribed, is always their clinical decision.

• Mica Peak is cash-pay (no insurance). You pay a monthly membership; medications are billed separately at our cost with no markup, or paid directly to the dispensing pharmacy.

• Some treatments use compounded medications, which are not FDA-approved, and some use controlled substances such as testosterone. Special rules and disclosures apply to both.

• Memberships renew automatically until you cancel. Prescription products are final sale.

• Disputes are resolved by binding individual arbitration with a class-action waiver, but you can opt out within 30 days. This does not cover medical malpractice claims against your clinician.

• You must be 18 or older and physically located in a state where we operate.

1. Introduction, Scope, and Key Definitions

These Terms of Service (the “Terms”) are a binding agreement between you and Mica Health Ventures, LLC (d/b/a Mica Peak Health) (“Mica Peak,” “we,” “us,” or “our”) governing your access to and use of our website at micapeakhealth.com, our mobile and web applications, our patient portal, and all related services (together, the “Services”). By accessing or using the Services, you agree to these Terms, our Privacy Policy, and our Consumer Health Data Privacy Policy, each incorporated by reference. If you do not agree, do not use the Services.

Definitions. The following terms are used throughout:

  • “Medical Group” means Empathra Medical P.C. and its affiliated, state-specific professional entities, which employ or contract with the clinicians who provide care.
  • “Providers” means the licensed physicians, nurse practitioners, physician associates, and other clinicians of the Medical Group.
  • “Pharmacies” means the independent licensed pharmacies (including compounding pharmacies and manufacturer-affiliated pharmacies) that dispense and ship any prescribed products.
  • “Member” or “you” means the adult individual who creates an account and uses the Services for themselves.

2. Acceptance and Updates

Acceptance. You accept these Terms when you create an account, purchase a membership or product, or otherwise use the Services. You confirm you are at least 18 and able to form a binding contract.

Updates. We may revise these Terms from time to time. When changes are material we will update the date above and provide notice through the Services or by email. Changes are effective when posted (or on any later stated date). Your continued use after that means you accept the revised Terms; if you do not agree, stop using the Services and cancel.

3. Our Relationship With You: Platform, Medical Group, and Pharmacies

Mica Peak Health is a technology and administrative services company. It owns and operates the Services and provides non-clinical, administrative, technology, scheduling, and business-support services. Mica Peak does not practice medicine or pharmacy, does not employ the Providers, does not dispense medication, and does not control, direct, or interfere with the independent clinical judgment of any Provider.

Medical care. All evaluation, diagnosis, treatment, and prescribing is performed by the Providers of the Medical Group, who are solely responsible for the practice of medicine. Your patient relationship is with the Medical Group and its Providers, not with Mica Peak. Your treatment and informed consent are provided under a separate agreement directly between you and the Medical Group, together with a separate consent to telehealth and the Medical Group's Notice of Privacy Practices. These Terms govern your use of the platform and do not replace that clinical agreement; nothing in these Terms limits any right or claim you may have against the Medical Group or a Provider.

Pharmacies. If a Provider issues a prescription, it is filled by an independent Pharmacy that exercises its own professional judgment. Mica Peak does not own the Pharmacies and does not dispense, ship, or take title to medication.

No corporate practice of medicine. Nothing in these Terms is intended to allow Mica Peak to engage in the practice of medicine or pharmacy or to interfere with the professional judgment of any Provider or Pharmacy, and these Terms must be interpreted consistently with that intent.

No guarantee of treatment. Submitting an intake, completing a visit, or paying any fee does not guarantee a diagnosis, prescription, or any particular treatment. Treatment is provided only when a Provider determines it is clinically appropriate.

4. Eligibility, Identity, and Location

Adults only. The Services are for individuals 18 years of age or older. They are not intended for children, and we do not knowingly provide services to minors.

Where we operate. The Services are available only to individuals physically located in a state where Mica Peak and the Medical Group operate: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, the District of Columbia, Wisconsin, and Wyoming. You must be physically present in a supported state at the time of each visit. Availability varies by service and may change.

Identity and accuracy. You agree to provide true, current, and complete information about your identity, age, location, and health, to complete any identity-verification step, and to keep your information up to date. Misrepresenting your identity, location, or health, or using another person's information, can lead to unsafe care decisions and is grounds for immediate termination.

5. Consent to Telehealth

Telehealth is the delivery of health care using secure electronic communications. Depending on your state, your service, and your Provider's judgment, your care may be delivered by live video or phone (synchronous) or by secure review of the information and questionnaires you submit without a live visit (asynchronous or “store-and-forward”), where that is permitted by law.

Benefits and limitations. Telehealth can improve access and convenience. It also has limits: your Provider generally cannot perform a hands-on physical examination, technology can fail, and information you provide may be incomplete. Your Provider may determine that telehealth is not appropriate for you and may require in-person care, laboratory testing, or additional information before treating you.

Not for emergencies. The Services are not for medical emergencies. If you are experiencing an emergency, call 911 or go to the nearest emergency room. Do not use the Services to seek urgent or emergency care.

Separate clinical consent. Before your visit, the Medical Group will ask you to review and accept a more detailed informed consent to telehealth. That consent, together with these Terms, governs your care. You may withdraw consent to telehealth at any time, which may end your ability to receive care through the Services.

6. Controlled Substances (Including Testosterone Therapy)

Some services, including testosterone therapy, involve controlled substances. Testosterone is a Schedule III controlled substance under federal law. Prescribing controlled substances by telemedicine is subject to the federal Ryan Haight Act, U.S. Drug Enforcement Administration (DEA) rules, and state law.

Current telemedicine flexibilities. As of the date of these Terms, federal authorities have temporarily extended COVID-era flexibilities that allow controlled substances to be prescribed by telemedicine without a prior in-person examination through December 31, 2026. These rules are temporary and may change. If they expire or a permanent rule takes effect, your Provider may be required to conduct an in-person evaluation, refer you to a local clinician, or stop prescribing through the Services. Controlled-substance prescribing also depends on your state's law and your Provider's judgment, and may be unavailable in some states.

Your responsibilities. If you are prescribed a controlled substance, you agree to: use it only as prescribed and only for yourself; not share, sell, or divert it; use a single designated pharmacy; consent to checks of your state prescription-drug-monitoring program (PDMP) and to any required identity verification; disclose all other medications and prescribers; and not seek the same or similar controlled substances from multiple providers. Misuse, diversion, or misrepresentation will result in termination and may be reported as required by law.

No guarantee; clinical discretion. Controlled substances are prescribed only when a Provider determines they are clinically appropriate and lawful. We do not guarantee that any controlled substance will be prescribed, continued, or refilled.

7. Compounded Medications

Some treatments, including certain weight-management (GLP-1) and hormone therapies, may use compounded medications. A compounded medication is prepared by a licensed compounding pharmacy to meet the needs of an individual patient.

Required disclosure: Compounded medications are not FDA-approved and are prescribed only when a licensed clinician determines a compounded formulation is appropriate for an individual patient.

Not FDA-approved. Compounded medications are not reviewed or approved by the U.S. Food and Drug Administration (FDA) for safety, effectiveness, or manufacturing quality, although compounding pharmacies use FDA-regulated ingredients and are licensed and regulated by state boards of pharmacy and, for outsourcing facilities, by the FDA.

Compounded GLP-1 medications. Compounded semaglutide and tirzepatide are not the same as, and are not therapeutically equivalent to, the FDA-approved branded products (such as Ozempic, Wegovy, Mounjaro, and Zepbound). Federal law generally prohibits compounding a medication that is essentially a copy of a commercially available FDA-approved drug. The national shortages of semaglutide and tirzepatide have been resolved, so the earlier temporary, shortage-based allowance for compounding them has ended. A compounded GLP-1 may therefore be provided only where a licensed clinician determines there is a documented, individualized clinical need that makes a compounded formulation clinically different for you, for example a strength or dose not commercially available, a combination product, or a documented allergy or intolerance to an ingredient in the approved product, and only where permitted under applicable law. It is not offered as a routine substitute for an available FDA-approved product. FDA-approved branded options are available, and your Provider will discuss them with you.

Safety and dosing. Because compounded injectables may differ in concentration and presentation from branded products, dosing errors are possible. You agree to follow your Provider's and the Pharmacy's instructions exactly, to ask questions if anything is unclear, and not to change your dose on your own. Report side effects to your Provider and, for emergencies, seek immediate care.

8. Medical Services, Laboratory Testing, and Records

Scope of services. Through the platform, the Medical Group offers evaluation and, where appropriate, ongoing treatment in areas Mica Peak supports, which currently include weight management, testosterone therapy, hormone therapy, sexual health, and hair. Specific medications a Provider may consider include, for example, semaglutide and tirzepatide (weight); testosterone, anastrozole, and enclomiphene (testosterone therapy); estradiol and progesterone (hormone therapy); sildenafil and tadalafil (sexual health); and finasteride, dutasteride, and minoxidil (hair). Availability depends on clinical appropriateness, your state, and applicable law.

Laboratory testing. Where clinically indicated, your care may include laboratory testing through independent laboratories. For services billed at the Comprehensive membership tier, condition-appropriate basic lab panels are included on your Provider's schedule. Labs are ordered at the Provider's discretion; declining recommended labs may affect whether you can be treated.

Medical records. Records created in the course of your care are maintained by the Medical Group in accordance with HIPAA and applicable law. Requests for your medical records should be directed to the Medical Group through the patient portal.

9. Prescriptions, Pharmacies, Fulfillment, and Shipping

Mica Peak never dispenses. If a Provider issues a prescription, it is sent to an independent Pharmacy that dispenses and ships the product. Mica Peak does not dispense medication and does not guarantee that any Pharmacy will fill a prescription.

How medications are supplied and paid for. Depending on the medication and your Provider's recommendation: (a) FDA-approved branded medications are typically a first-line option and, for certain products, are paid by you directly to the manufacturer's own pharmacy (for example, NovoCare or LillyDirect) and are never billed through Mica Peak; (b) compounded medications, when appropriate, are billed at Mica Peak's cost with no markup and are priced per fill; and (c) generic medications may be routed to a retail pharmacy where you pay the pharmacy directly. Medication charges are separate from, and not included in, your membership fee.

Shipping and risk of loss. Delivery times are estimates and are not guaranteed. Where a Pharmacy ships to you, title and risk of loss pass on delivery to the carrier, except where applicable law provides otherwise. Some products are temperature-sensitive; follow storage instructions on arrival and contact the Pharmacy about any damaged or delayed shipment.

10. Memberships, Fees, and Billing

Cash-pay; no insurance. Mica Peak is a cash-pay service. We do not accept, bill, or submit claims to health insurance, Medicare, or Medicaid, and amounts you pay are generally not reimbursable. You are responsible for all fees.

Current membership and visit pricing:

What membership does and does not include. Membership covers the platform and professional services described above. It does not include the cost of medications, which are billed separately as described in Section 9 (compounded medications at our cost; branded products paid to the manufacturer's pharmacy; generics paid to a retail pharmacy).

Authorization to charge. By providing a payment method, you authorize Mica Peak and its payment processors to charge that method for your membership and any other amounts you incur. You are responsible for keeping your payment information current and for any applicable taxes.

11. Automatic Renewal and Cancellation

Automatic renewal notice. Your membership is a subscription that automatically renews each month at the then-current price until you cancel. We will charge your payment method on each renewal date. You may cancel at any time, effective at the end of the current billing period.

How to cancel. You can cancel at any time through your account in the patient portal or by emailing support@micapeakhealth.com. Cancellation stops future renewals; it does not, by itself, refund fees already charged or end any treatment relationship, which you should discuss with your Provider. We honor applicable “click-to-cancel” and automatic-renewal laws, including Washington and California requirements; cancellation is at least as easy as enrollment.

12. Refunds

Prescription products are final sale. For safety and legal reasons, prescription medications and other prescription products cannot be returned, resold, or refunded once shipped or dispensed.

Membership fees. Membership fees are generally non-refundable for the period in which they are charged, except where required by law. If you cancel, you retain access through the end of the paid period.

Consultation fees. A pay-per-visit or consultation fee pays for the Provider's time and clinical review and is non-refundable even if you are not prescribed treatment.

Discretionary refunds and billing errors. We may issue discretionary refunds in our sole discretion, for example to correct a billing error. If you believe you were charged in error, contact us promptly at support@micapeakhealth.com and we will investigate in good faith.

13. Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we may suspend or terminate your account, decline future service, and pursue amounts owed. Please contact us first: most issues can be resolved quickly.

14. Promotions, Discounts, and Referrals

We may offer promotions, discount codes, or a referral program from time to time. These are subject to additional posted terms, may be modified or withdrawn at any time, cannot be combined unless stated, have no cash value, and may not be used in a misleading way. We may disqualify participants and withhold credits for fraud or abuse.

15. Your Account and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Do not share your account or let anyone else use it. Notify us promptly at support@micapeakhealth.com of any unauthorized use. We are not responsible for losses arising from your failure to safeguard your credentials.

16. Privacy, Protected Health Information, and Notices

How Mica Peak handles information collected through the Services is described in our Privacy Policy and our Consumer Health Data Privacy Policy, both incorporated into these Terms. Protected health information (PHI) you share with the Medical Group while receiving care is governed by HIPAA and the Medical Group's separate Notice of Privacy Practices, not solely by these Terms. Please review all of these documents.

17. Electronic Communications and Text Messages

Electronic communications. By using the Services you consent to receive communications from us and the Medical Group electronically, including notices, disclosures, and service messages, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

Text messages. If you provide a mobile number, you consent to receive service- and care-related text messages and, where you separately opt in, marketing texts from or on behalf of Mica Peak, including by automated technology. Consent to marketing texts is not a condition of purchase. Message and data rates may apply; message frequency varies. Reply STOP to opt out of marketing messages and HELP for help; you may still receive non-marketing messages necessary for your care and account.

18. User Submissions, Feedback, and Intellectual Property

Your submissions. Other than PHI (which is governed by HIPAA and the Notice of Privacy Practices), if you submit reviews, testimonials, feedback, or other content, you grant Mica Peak a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, and display that content to operate and promote the Services. Do not submit content you do not have the right to share, and do not include another person's PHI.

PHI excluded. This license does not apply to information you share to receive care; that information is used and protected as described in the Notice of Privacy Practices, the Privacy Policy, the Consumer Health Data Privacy Policy, and applicable law.

Our intellectual property. The Services and all associated software, text, graphics, and the Mica Peak name, logos, and brand are owned by Mica Peak or its licensors and are protected by law. We grant you a limited, revocable, non-transferable license to use the Services for their intended personal purpose. You may not copy, modify, distribute, scrape, reverse engineer, or create derivative works except as permitted by law.

19. Prohibited Conduct

You agree not to: provide false or misleading identity, location, or health information; use the Services for anyone other than yourself without authorization; obtain, share, sell, or divert any medication, especially controlled substances; access the Services by automated means or attempt to disrupt, probe, or breach security; infringe others' rights; or use the Services for any unlawful purpose. We may investigate and take appropriate action, including reporting to authorities where required.

20. Third-Party Goods, Services, and Links

The Services may reference or link to third-party products, services, pharmacies, laboratories, or websites we do not control, including manufacturer pharmacies. We provide these for convenience and do not endorse them or assume responsibility for them. Your dealings with any third party, including any Pharmacy, are subject to that party's own terms and are between you and the third party.

21. Disclaimers

THE PLATFORM AND THE SERVICES PROVIDED BY MICA PEAK ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Not medical advice from the platform. Information made available through the platform that is not part of a consultation with your Provider is for general informational purposes only and is not medical advice, diagnosis, or treatment. Medical care is provided solely by the Medical Group and its Providers. Nothing in this Section limits the professional responsibility of any Provider or the Medical Group, and nothing in these Terms is intended to disclaim liability for the practice of medicine or for personal injury caused by negligence to the extent such a disclaimer is prohibited by law.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MICA PEAK AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS. MICA PEAK'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID MICA PEAK IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

This Section does not apply to liability that cannot be limited under applicable law, and it does not limit any claim you may have against the Medical Group or a Provider for the provision of medical care. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

23. Indemnification

You agree to indemnify, defend, and hold harmless Mica Peak and its owners, officers, employees, contractors, and vendors from and against claims, losses, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Services, your violation of these Terms, your provision of false information, or your violation of any law or third-party right.

24. Termination

We may suspend or terminate your access to the platform at any time, with or without notice, if you violate these Terms, create risk or legal exposure, or to protect the Services or others. You may stop using the Services at any time and cancel as described above. Provisions that by their nature should survive termination (including Sections on intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

25. Governing Law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Subject to Section 26, the exclusive venue for any dispute that may be brought in court is the state and federal courts located in Spokane County, Washington, and you consent to their personal jurisdiction.

26. Binding Arbitration and Class-Action Waiver

Please read carefully: this affects how disputes are resolved.

• Most disputes between you and Mica Peak will be resolved by binding individual arbitration rather than in court.

• You waive the right to a jury trial.

• You may bring claims only individually, not as part of any class or representative action.

• You may still bring an eligible claim in small-claims court.

• You can opt out within 30 days (see below).

Scope. Except for (a) claims that qualify for small-claims court, (b) claims to protect intellectual property, and (c) claims for medical malpractice or professional negligence against the Medical Group or a Provider (which are governed by applicable law and are not subject to this Section), you and Mica Peak agree to resolve any dispute arising out of or relating to these Terms or the platform through final and binding arbitration.

Process. The arbitration will be administered by a recognized arbitration provider under its consumer arbitration rules, before a single arbitrator. It may be conducted by phone, video, written submission, or in person in Spokane County, Washington, at your election. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction.

Class-action waiver. Disputes will be arbitrated only on an individual basis. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to legal@micapeakhealth.com or to Mica Health Ventures, LLC (d/b/a Mica Peak Health), 522 W Riverside Ave Ste N, Spokane, WA 99201, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

27. General Provisions

Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest remain in effect.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our consent. We may assign them, including in connection with a merger, acquisition, financing, or sale of assets.

No agency. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Mica Peak.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. We may provide notices to you through the Services or by email. You may contact us as set out below.

Entire agreement. These Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, and any posted plan or promotional terms are the entire agreement between you and Mica Peak regarding the platform and supersede prior understandings.

28. Contact Us

Mica Health Ventures, LLC (d/b/a Mica Peak Health)

522 W Riverside Ave Ste N, Spokane, WA 99201

Member support: support@micapeakhealth.com | Legal, privacy, and arbitration opt-out: legal@micapeakhealth.com

We operate by email and secure messaging and do not currently maintain a public support phone line.

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