Banyan Health – Terms of Use

Effective Date: 11/4/2025

Welcome to Banyan Health ("Banyan Health," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website—www.banyan-health.com (the "Site")—and any telehealth, consultation, or related services we provide (collectively, the "Services").

By accessing the Site or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.

1. About Banyan Health

Banyan Health is a private medical practice based in California that provides telehealth mental health, functional medicine, and wellness services through licensed physicians and nurse practitioners. All care is provided by licensed professionals operating within their scope of practice under California law.

The Site provides general information and enables users to request or schedule appointments, but it does not provide emergency medical care.

If you are experiencing a medical or psychiatric emergency, call 911 or go to your nearest emergency department.

2. Eligibility

You must be at least 18 years old and reside in California to use our Services. By using the Site or Services, you represent that the information you provide is accurate, current, and complete.

3. Telehealth Services

All Services are delivered through secure telehealth technology. You understand that:

  • Telehealth involves the electronic transmission of medical information

  • Limitations of telehealth include potential technical failures, interruptions, or incomplete transmission of information

  • You are responsible for ensuring a private, secure location for your telehealth appointments

  • You are responsible for maintaining adequate internet connectivity and compatible devices

  • Technical difficulties may require rescheduling of appointments

  • You may withdraw consent to telehealth at any time by notifying your clinician, though that may affect your ability to continue receiving care

Technology Requirements

To participate in telehealth services, you will need:

  • A device with camera and microphone capabilities (smartphone, tablet, or computer)

  • Reliable high-speed internet connection

  • A private, quiet space for confidential consultations

  • Updated web browser or required telehealth application

Recording Policy

Sessions are not recorded by Banyan Health. You are prohibited from recording any portion of your telehealth sessions without express written consent from your clinician. Unauthorized recording may result in immediate termination of Services.

4. No Medical Advice on the Site

Content on this Site is provided for general informational purposes only. Nothing on the Site constitutes professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding your health or a medical condition.

No Guarantee of Results

While our clinicians strive to provide excellent care, we cannot guarantee specific medical outcomes or results. Individual responses to treatment vary, and healthcare involves inherent uncertainties.

5. Prescription Policy

Prescription of medications, including controlled substances, is solely at the discretion of your treating clinician and based on medical necessity, clinical judgment, and applicable regulations.

You acknowledge and agree that:

  • No guarantee is made that any specific medication will be prescribed

  • Controlled substances are prescribed in compliance with DEA regulations and California law

  • Prescriptions for controlled substances may require additional documentation, monitoring, or in-person visits as determined by your clinician

  • Prescription refills are not automatic and require clinical assessment

  • We do not prescribe medications for conditions outside our scope of practice

  • Early refills or replacement of lost/stolen medications are generally not provided

6. Appointments, Payments & Cancellations

Banyan Health uses Acuity Scheduling (a third-party service) to collect limited information required to book appointments.

Payment Terms:

  • Most clients pay out-of-pocket at this time

  • Payment is due at the time of booking or before the start of each session

  • We accept [payment methods to be specified]

  • Fees are subject to change and will be communicated during intake or displayed on our Site

Cancellation & No-Show Policy:

  • Cancellations or rescheduling requests must be made at least 24 hours before your scheduled appointment

  • Late cancellations (less than 24 hours notice) or no-show appointments may be subject to the full session fee

  • Repeated no-shows may result in termination of Services

Refund Policy:

  • Fees for completed sessions are non-refundable

  • Refunds for cancelled services will be handled on a case-by-case basis at our discretion

We reserve the right to modify our pricing and payment terms at any time. Any updates will be reflected on our Site.

7. Medical Records

You have the right to access your medical records in accordance with HIPAA and California law. Requests for medical records should be directed to info@banyan-health.com. Additional details about your rights are outlined in our Privacy Policy and Notice of Privacy Practices.

8. User Conduct

You agree not to:

  • Misrepresent your identity or provide false information

  • Use the Site or Services for unlawful purposes

  • Attempt to interfere with, damage, or disrupt the Site's operation

  • Upload or transmit malicious code, spam, or unauthorized content

  • Harass, threaten, or abuse our staff or clinicians

  • Request prescriptions for illegitimate purposes

Violation of these Terms may result in suspension or termination of your access to the Site or Services.

9. Intellectual Property

All content on the Site—including text, graphics, logos, images, videos, and design—is owned by or licensed to Banyan Health and is protected by copyright, trademark, and other intellectual property laws. You may view and download materials only for your personal, non-commercial use.

10. Third-Party Links

The Site may include links to external websites (such as Acuity Scheduling or payment processors). Banyan Health does not control, endorse, or assume responsibility for these third-party sites or their content, products, or services. Use them at your own risk and review their terms and privacy policies.

11. Disclaimers and Limitation of Liability

The Site and Services are provided "as is" and "as available." We make no warranties or representations about the accuracy, reliability, or completeness of the Site's content, nor about uninterrupted or error-free access.

To the fullest extent permitted by law, Banyan Health, its clinicians, and affiliates will not be liable for any indirect, incidental, special, or consequential damages, or for any loss of data, income, or profits, arising out of your use of the Site or Services. Our total liability for any claim will not exceed the amount paid by you for the Services directly related to that claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Banyan Health, its clinicians, officers, employees, and affiliates from and against any claims, damages, losses, or expenses arising from your use of the Site or Services or any violation of these Terms.

13. Termination

We may suspend or terminate your access to the Site or Services at any time, for any reason, with or without notice. Sections concerning intellectual property, disclaimers, limitations of liability, and governing law will survive termination.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall first be addressed through good-faith negotiation. If resolution cannot be reached, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Los Angeles County, California.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any disputes not subject to arbitration shall be resolved exclusively in the courts located in Los Angeles County, California.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Changes to These Terms

We may update these Terms from time to time. The "Effective Date" at the top indicates when the latest version took effect. Continued use of the Site or Services after any updates constitutes your acceptance of the new Terms.

18. Contact Us

For questions about these Terms, please contact:

Banyan Health
Email: info@banyan-health.com