Terms & Conditions

Last Updated: Jan 09 2026

These Terms and Conditions ("Terms") govern your access to and use of the websites, portals, mobile applications, text messaging programs, intake forms, and other online or technology-enabled services (collectively, the "Platform") made available by Athletic Gym Holdings LLC, doing business as RxFit Functional Health ("RxFit," "we," "us," or "our"), and any related services, programs, content, reports, coaching, telehealth coordination, laboratory coordination, prescription facilitation, and other offerings we provide (collectively, the "Services"). BY ACCESSING OR USING THE PLATFORM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM OR SERVICES. IMPORTANT NOTICE: These Terms include a binding arbitration agreement and a class action waiver that affect your legal rights. Please read carefully.

1. Company Information

Athletic Gym Holdings LLC (DBA RxFit Functional Health)
106 E 400 S, Orem, UT 84058
Email: [email protected]
Phone: +1 (385) 363-5752
Website: https://www.rxfithealth.com

2. Definitions

"Account" means a user account you create on the Platform.

"Content" means all text, graphics, images, videos, audio, reports, dashboards, lab interpretations, educational materials, and other information made available through the Platform or Services, whether by RxFit, Providers, or third parties.

"Provider" means a licensed healthcare professional (e.g., physician, nurse practitioner) who provides clinical services to you through or in connection with the Services.

"You" and "your" mean the individual accessing or using the Platform or Services, or if you are using the Services on behalf of an entity, that entity and its authorized users.

3. Eligibility and Geographic Availability

Age. You must be at least 18 years old to use the Platform or Services unless we expressly agree otherwise in writing.

Location for clinical services. You represent that you are located in Utah at the time clinical services are rendered unless a Provider is licensed (and the Services are made available) in your location.

Sanctions and restricted parties. The Services are not available to individuals who are barred from receiving services under applicable law, including applicable U.S. sanctions laws.

4. Scope of Services; No Emergency Services

What we provide. RxFit provides a telehealth-enabled functional health platform that may include membership-based programs, one-time programs, laboratory testing coordination, functional health reporting, coaching and education, prescription facilitation (when clinically appropriate), and related digital services. RxFit does not provide in-person services.

Not for emergencies. THE SERVICES ARE NOT FOR EMERGENCIES. If you think you may have a medical emergency, call 911 immediately or go to the nearest emergency room. Do not use the Platform for emergency or urgent medical needs.

5. Medical Disclaimer; Provider Relationship; Independent Medical Judgment

RxFit is not a hospital or medical group. Clinical services are provided by Providers who may be employed by or contracted with RxFit or its professional entities. Providers exercise independent medical judgment and are solely responsible for clinical decisions, including whether to order tests, recommend treatment, or prescribe medications.

Relationship. Your use of the Platform does not, by itself, create a physician-patient relationship with RxFit. A physician-patient relationship may be created with a Provider only after completion of required intake, consent, and acceptance by the Provider.

No substitute for medical care. Content made available through the Platform (including general wellness, fitness, nutrition, supplements, and educational materials) is for informational purposes and is not a substitute for professional medical advice, diagnosis, or treatment.

6. Telehealth Consent and Technology

Consent. By using the Services, you consent to receive healthcare services via telehealth when offered, and you acknowledge the benefits and limitations of telemedicine, including that technology may fail or be unavailable.

Privacy and environment. You agree to participate from a private location when possible and to safeguard your devices, accounts, and login credentials.

Your technology. You are responsible for ensuring you have compatible devices, internet access, and required software.

7. Accounts; Security; Accurate Information

Accurate information. You agree to provide accurate, current, and complete information and to promptly update information as needed.

Account security. You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your

Account.

Notice of breach. You agree to notify us immediately of any unauthorized use of your Account or other security breach.

8. Communications and Electronic Consent

Electronic communications. You consent to receive communications from us electronically (e.g., email, in-app messages, portal messages, phone calls, and text/SMS) for service-related and other purposes described in these Terms and our Privacy Policy.

Privacy Policy incorporated. Our Privacy Policy is incorporated into these Terms by reference. Please review it carefully because it describes how we collect, use, and share information, including health-related information and messaging opt-in data.

Unsecured communications. You acknowledge that email and text messages may not be encrypted, may not be confidential, and may be accessible to others with access to your device, email account, or network.

E-SIGN. You agree that electronic communications satisfy any legal requirement that communications be in writing.

9. Mobile Messaging Terms (SMS/MMS)

These Mobile Messaging Terms apply if you opt in to receive text messages from RxFit.

Program/Brand Name. RxFit Functional Health Messaging (the "Messaging Program").

Program Description. The Messaging Program may include: Transactional/service messages (e.g., appointment reminders, account notifications, intake follow-ups, lab logistics, care coordination); and Marketing/promotional messages (e.g., offers, events, educational content, product or program updates) only if you separately opt in.

Opt-In. You may opt in by submitting your phone number via our web forms, intake forms, scheduling tools, or other opt-in methods that include required disclosures. Consent to receive marketing texts is not a condition of purchase.

Message Frequency. Message frequency varies depending on your interactions and settings; recurring messages may be sent.

Costs. Message and data rates may apply.

Customer Care. Contact us at +1 (385) 363-5752 or [email protected] for help.

Opt-Out. YOU CAN OPT OUT AT ANY TIME BY REPLYING “STOP” TO ANY MESSAGE. After you send STOP, we may send a one-time confirmation message confirming your opt-out.

Help. For help, reply “HELP” to any message or contact us at the phone number or email above.

Rejoining. If you previously opted out, you may rejoin by submitting a new opt-in through our forms or by replying START (where supported).

Carriers. Carriers are not liable for delayed or undelivered messages.

Privacy for Messaging Program. We do not sell mobile opt-in information.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

10. Fees, Payments, Subscriptions, and Auto-Renewal

Fees and payment processing. Fees for Services are disclosed at checkout or in your service agreement. Payments may be processed by third-party payment processors such as Stripe and Square. RxFit does not store full payment card numbers.

Subscriptions/memberships. If you enroll in a subscription or membership, you authorize us to charge your payment method on a recurring basis until you cancel in accordance with your plan terms.

Trials and promotions. If you receive a trial or promotional pricing, your subscription may automatically renew at the then-current rate unless you cancel before the renewal date.

Cancellations. Unless otherwise stated in writing, you may cancel through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period.

No insurance; cash-pay. Unless we explicitly state otherwise, Services are offered on a cash-pay basis and may not be covered by insurance.

11. Refunds and Chargebacks

Refunds. All sales are final except where required by law or where we expressly state a refund policy for a specific Service.

Disputes. If you believe a charge is incorrect, you must contact us promptly.

Chargebacks. Unauthorized chargebacks may result in suspension or termination of your Account.

12. Labs, Third-Party Services, and Prescriptions

Independent laboratories. Laboratory testing may be ordered through independent laboratories such as Labcorp or Quest Diagnostics. Laboratories are solely responsible for specimen handling, analysis, and reporting.

Pharmacies. If a Provider determines a prescription is appropriate, prescriptions may be fulfilled through ReviveRx or other pharmacies. Pharmacies are independent third parties and are responsible for dispensing and fulfillment.

Third-party services. The Platform may integrate third-party services (e.g., scheduling, video visits, messaging, analytics). RxFit is not responsible for third-party services and does not control their terms or privacy practices.

13. Coaching, Education, and Lifestyle Content

General nature. Coaching, education, or lifestyle guidance is general in nature and does not replace individualized medical advice.

No outcomes guaranteed. No outcomes are guaranteed. Your results depend on many factors, including adherence, baseline health status, and genetics.

14. Intellectual Property; License to Use the Platform

RxFit IP. The Platform and Content are owned by RxFit or its licensors and are protected by intellectual property laws.

Limited license. Subject to these Terms, RxFit grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use.

Restrictions. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Platform or Content except as permitted by law or with our prior written consent.

15. User Content; Feedback

User Content. You may submit information, text, images, health history, questions, and other content through the Platform ("User Content"). You represent you have the rights to submit User Content.

License. To the extent permitted by law and subject to applicable protections for health information, you grant RxFit a royalty-free, worldwide license to use, host, store, reproduce, modify, and display User Content solely to operate, provide, and improve the Services, and as otherwise described in our Privacy Policy.

Feedback. If you provide suggestions or feedback, you grant RxFit the right to use it without restriction or compensation.

16. Prohibited Conduct

You agree not to use the Platform or Services for any unlawful, fraudulent, harmful, or abusive purpose; to interfere with or disrupt the Platform; to attempt unauthorized access; to upload malware; to scrape, harvest, or reverse engineer; to send spam or unsolicited promotions; or to violate any third-party rights.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

18. Limitation of Liability

No indirect damages. To the maximum extent permitted by law, RxFit and its owners, officers, directors, employees, contractors, Providers, and agents (collectively, the "RxFit Parties") will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Platform or Services.

Cap. To the maximum extent permitted by law, the total liability of the RxFit Parties for all claims in the aggregate will not exceed the greater of (a) $1,000 or (b) the amounts you paid to RxFit for the Services giving rise to the claim in the twelve (12) months before the event giving rise to liability.

19. Indemnification

You agree to defend, indemnify, and hold harmless the RxFit Parties from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Platform or Services; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) your User Content.

20. Assumption of Risk; Release

You acknowledge that learning about lab results or health information may be emotionally distressing and that lifestyle changes, exercise, supplements, and medications may involve risks. To the maximum extent permitted by law, you release the RxFit Parties from claims arising from your voluntary use of educational content, coaching, and non-clinical Services, except to the extent caused by gross negligence or willful misconduct.

21. Dispute Resolution; Binding Arbitration; Class Action Waiver

Informal resolution first. Before initiating arbitration, you agree to send a written Notice of Dispute describing the issue and relief sought to: Athletic Gym Holdings LLC (DBA RxFit Functional Health), Attn: Dispute Notice, 106 E 400 S, Orem, UT 84058, with a copy by email to [email protected]. We will attempt to resolve the dispute informally within 60 days.

Binding arbitration. If not resolved, any dispute or claim arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Utah County, Utah, unless the parties agree otherwise.

Class action waiver. You and RxFit agree that disputes will be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action.

Arbitrator authority. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has authority to decide whether the class action waiver is enforceable.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by mailing a written notice to the Dispute Notice address above stating your name, the email address on your account, and your intent to opt out of arbitration.

Exceptions. Either party may bring claims in small claims court if they qualify, or seek injunctive relief in court to prevent misuse of intellectual property or unauthorized access.

22. Governing Law; Venue

These Terms are governed by the laws of the State of Utah, without regard to conflict of laws principles. To the extent a dispute is not subject to arbitration, you agree that the state and federal courts located in Utah County, Utah will have exclusive jurisdiction and venue.

23. Time Limitation on Claims

To the fullest extent permitted by law, any claim arising out of or relating to the Platform or Services must be brought within one (1) year after the event giving rise to the claim, otherwise it is permanently barred.

24. Changes to the Services and Terms

We may modify, suspend, or discontinue the Platform or Services (in whole or in part) at any time. We may update these Terms from time to time by posting an updated version and updating the Last Updated date. Your continued use after changes become effective constitutes acceptance.

25. Termination

We may suspend or terminate your access to the Platform or Services at any time if we believe you violated these Terms or if necessary to protect the Platform, users, or RxFit. You may terminate by stopping use of the Services and, if applicable, requesting account deletion by contacting [email protected]. Sections that by their nature should survive termination will survive.

26. Miscellaneous

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

No agency. Nothing in these Terms creates a partnership, employment, or agency relationship. You may not bind RxFit.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Entire agreement. These Terms, together with referenced policies (including the Privacy Policy) and any additional consents or agreements you execute for specific Services, constitute the entire agreement between you and RxFit regarding the Services.

Force majeure. RxFit will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, pandemics, labor disputes, telecommunications failures, power failures, and governmental actions.

DMCA/Copyright. If you believe content on the Platform infringes your copyright, send a compliant notice to [email protected].

Export controls. You may not use the Platform or Services if prohibited by U.S. export controls or sanctions laws.

27. Contact

Questions about these Terms may be sent to [email protected].