Last updated: May 21, 2026
Welcome to Phia Health. These Terms of Use ("Terms"), govern your access to and use of the website, related mobile applications, membership services (including administrative and technology services), and connectivity required to receive telehealth services through a virtual clinic (collectively, the "Services").
Please read these Terms carefully before using the Services. BY ACCESSING OR USING THE SERVICES, YOU ("YOU") AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME. If You are accepting these Terms for another person(s) (such as Your children or other family members) (each a "Covered Family Member") as such Covered Family Member's parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Covered Family Member.
These Terms include, without limitation, the following terms, as further detailed below:
When you use the Phia chat, you are interacting with a virtual artificial intelligence (AI) assistant, not a human and not a replacement for medical care. Any content or feedback provided by the Service and/or Phia AI is for informational purposes only and is not a substitute for the professional judgement of medical care providers in diagnosing and treating patients. Responses are general in nature and may not account for your specific medical situation, medications, or conditions not disclosed to the Service. Always consult your physician or qualified healthcare provider with any questions regarding a medical condition. Phia AI does not practice medicine and cannot be held liable for medical malpractice.
The Service does not provide real-time health monitoring and does not automatically make your information available to medical care providers. Moreover, medical care providers are not monitoring your conversations with Phia AI. Do not assume that your medical care provider is aware of any information you submit to the Service (or that they will receive this information promptly). Accordingly, please share any relevant information directly with your medical care provider.
You may use the Service to receive specialty care services from professional medical care providers (e.g., telehealth consultations with licensed providers). In such instances, you may be communicating directly with the provider through the Service. However, you need a separate primary care physician to use the Service.
Materna Health, Inc., doing business as Phia Health ("Phia" or the "Company"), owns and operates the software platform, artificial intelligence tools, and non-clinical administrative services (collectively, the "Services").
All professional medical services are rendered exclusively by Materna Health, P.C., Materna Health PA, P.C., Materna Health DE, P.A., and Materna Health NJ, P.C. (collectively, the "Materna Providers," "we," or "us"), each an independent professional medical entity that contracts with Materna Health, Inc. d/b/a Phia Health for technology and administrative support.
Materna Health, P.C.; Materna Health PA, P.C.; Materna Health DE, P.A.; Materna Health NJ, P.C.
The Materna Providers contract with Materna Health, Inc. d/b/a Phia Health for technology and administrative support. When you use the Phia Health app or website, you are using Materna Health, Inc.'s technology. When you receive medical care, it is provided exclusively by the Materna Providers.
You may use the Services solely for your own personal, non-commercial use, or on behalf of Your Covered Family Member for the use of the Services with Your supervision. To access certain features of the Services or to become a member, You must create an account via the Service. If you are a minor child registering for the Service, you need to obtain consent, in accordance with applicable laws, from your parent or guardian through a separate consent form that Materna Health will provide. If you are a parent or guardian registering for the Services, you can use them solely for your own personal, non-commercial use or on behalf of any Covered Family Member who is a minor child. By registering, you are (a) affirming that you have the legal authority to seek medical care for any Covered Family Member who is a minor child, and (b) to provide Materna Health with consent to provide care for any Covered Family Member who is a minor child for whom you seek care.
It is important that You provide us with accurate and complete information for your account and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under Your account. You should immediately notify us of any unauthorized use of your account.
Materna Health may charge a membership fee for access to certain features of the Services (the "Membership Fee"). The Membership Fee may be modified by notice in accordance with these Terms. Individuals who pay the Membership Fee become Materna Health members (each a "Member").
PAYMENT OF THE MEMBERSHIP FEE TO MATERNA HEALTH IS NOT A REQUIREMENT TO RECEIVE PROFESSIONAL SERVICES FROM MATERNA PROVIDERS.
IF YOUR ACCOUNT IS SUBJECT TO THE MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOU BY YOUR CHOSEN PAYMENT METHOD THE MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL DATE, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE MEMBERSHIP FEE FOR THE NEXT MEMBERSHIP PERIOD. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT hello@maternacare.com. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR MEMBERSHIP TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
CALL 911 IMMEDIATELY FOR:
DO NOT USE THIS SERVICE FOR ANY EMERGENCY OR CRISIS SITUATION.
MENTAL HEALTH CRISIS = EMERGENCY
The following are medical emergencies and require immediate help:
If you are experiencing any of the above, consider one or more of the following:
The Company and Service assume no responsibility or liability for content created, uploaded, transmitted, or stored by users or third parties. The Service may rely on or integrate third-party services. You may be exposed to third party content that is inaccurate, misleading, offensive, or inappropriate. We do not warrant and are not liable for third-party services or content, and all risk associated with such services rests solely with you.
The Company and its licensors own all proprietary rights to the Service and all content and technology related thereto. The Company gives you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with these Terms. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Company's or its licensors' proprietary material in the Service without the prior written consent of the Company. Except as expressly set forth herein, you have no right, title or license to any of the Company's or its licensors' intellectual property.
The Company welcomes your comments and feedback with respect to the Service. You acknowledge and agree that the Company may use any such comments and feedback to modify, improve and otherwise develop products and services without any obligation to you.
Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post "spam," transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by the Company; or (p) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by the Company, may harm the Company or users of the Service or expose them to liability.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
The Company may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. The Company may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, for account inactivity, or for any other reason. The Company assumes no liability for any information removed from the Service. The Company also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.
Use of the Service is at your own risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE COMPANY, THE MATERNA PROVIDERS NOR ANY OF THEIR LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE COMPANY, THE MATERNA PROVIDERS NOR ANY OF THEIR LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER THE COMPANY, THE MATERNA PROVIDERS NOR ANY OF THEIR LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE SERVICE OR CONTENT THEREIN WHEN USED IN ANY OTHER COUNTRY.
NEITHER THE COMPANY, THE MATERNA PROVIDERS NOR ANY OF THEIR LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER THE COMPANY, THE MATERNA PROVIDERS NOR ANY OF THEIR LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN TWO HUNDRED DOLLARS ($200). THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION AND ARE NOT INTENDED TO MEDICAL MALPRACTICE LIABILITY FOR THE DELIVERY OF HEALTHCARE BY MEDICAL CARE PROVIDERS.
Please read this section carefully as it affects your rights, including your right to file a lawsuit in court.
You and we acknowledge and agree that any dispute arising in connection with the Service will be settled by binding individual arbitration conducted by the American Arbitration Association ("AAA") according to the U.S. Federal Arbitration Act ("FAA") and federal arbitration law and according to the AAA's Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator. You and the Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, the hearing will take place in Philadelphia, Pennsylvania unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant's state and county of residence.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and the Company agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or the Company to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
To the maximum extent permitted by applicable law, you hereby waive the right to participate as a plaintiff or class member in any purported class action, and may not:
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Use (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to one of the following addresses:
privacy@phiahealth.com
Phia Health, Inc. 1000 N. Broad Street, Suite 100, Philadelphia, PA 19123
Your notice must include your name, mailing address, and email address associated with your account with/relationship to the Company, and state that you do not wish to be bound by the Binding Individual Arbitration and Class Action Waiver provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED, OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that the Company receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, the Company will not be bound by them with respect to disputes with you.
The Company may revise and update these Terms at any time without notice by posting the amended terms to the Service. Your continued use of the Service means that you accept and agree to the revised Terms. If you disagree with the Terms (as amended from time to time) or are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK ON THE SERVICE.
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflicts of law principles.
These Terms, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Service, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Notwithstanding the foregoing, any additional terms and conditions on the Service will govern the items to which they pertain.
If any part of these Terms is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms shall remain in full force and effect.
The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.
These Terms were last updated on May 21, 2026.