Terms of Service

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of these Terms, you must not access or use the Service. StackHealth reserves the right to update or modify these Terms at any time in accordance with Section 20 below.

These Terms apply to all visitors, users, and others who access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to that organization.

You must be at least 18 years of age to use the Service. By accessing or using the Service, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into a binding contract;
• All information you provide is accurate, current, and complete;
• Your use of the Service does not violate any applicable law or regulation in your jurisdiction.

Residents of jurisdictions where access to or use of the Service is prohibited are not permitted to use the Service.

Certain products require you to complete a health intake questionnaire prior to ordering. The information you provide (e.g., height, weight, biological sex, allergies, medications, and medical conditions) is used to (a) facilitate review by a licensed pharmacy or prescriber, (b) ensure the product is appropriate for you, and (c) comply with applicable dispensing regulations. You agree to:

• Provide accurate, complete, and truthful health information;
• Update your health profile if your information changes materially;
• Acknowledge that providing false health information may result in serious harm to your health and constitutes a violation of these Terms.

StackHealth and its Partner Pharmacies rely on the accuracy of your intake information. Neither StackHealth nor any Partner Pharmacy is liable for adverse outcomes resulting from inaccurate or incomplete information you provide.

You agree not to engage in any of the following prohibited activities in connection with your use of the Service:

• Violating any applicable local, state, national, or international law or regulation, including controlled substance laws and pharmacy regulations;
• Attempting to obtain prescription medications without a valid prescription or through deceptive means;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Uploading, posting, or transmitting any fraudulent, misleading, or harmful content;
• Reverse engineering, disassembling, decompiling, or otherwise attempting to derive the source code of any part of the Service;
• Systematically scraping, crawling, or extracting data from the Service using automated means without our prior written consent;
• Transmitting any viruses, malware, or other harmful or disruptive code or materials;
• Interfering with, disrupting, or attempting to gain unauthorized access to the servers, networks, or accounts connected to the Service;
• Using the Service to facilitate the unauthorized practice of medicine, pharmacy, or any other licensed profession;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Service.

StackHealth reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

The Service may contain links to or integrations with third-party websites, services, or resources ("Third-Party Services"). StackHealth does not control Third-Party Services and is not responsible for their content, privacy practices, or availability. References to any Third-Party Service do not constitute an endorsement. Your use of Third-Party Services is subject to their own terms and privacy policies. StackHealth is not liable for any loss or damage caused by your reliance on information from or use of Third-Party Services.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STACKHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE;
• WARRANTIES THAT DEFECTS IN THE SERVICE WILL BE CORRECTED;
• WARRANTIES THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

STACKHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, EFFICACY, OR SUITABILITY OF ANY PRODUCT LISTED ON THE SERVICE. PRODUCT-RELATED REPRESENTATIONS ARE MADE BY THE APPLICABLE PARTNER PHARMACIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STACKHEALTH, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF STACKHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL STACKHEALTH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO STACKHEALTH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, STACKHEALTH'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless StackHealth and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Service, including any orders you place;
• Your violation of any applicable law or the rights of any third party;
• Any health information or content you submit to the Service;
• Your negligence or willful misconduct, including providing false or inaccurate health intake information.

These Terms and any dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

StackHealth will not be liable for any failure or delay in performance under these Terms that results from circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, or other events of force majeure.

You may not use, export, or re-export the Service or any component thereof in violation of United States export laws and regulations or the laws of any other jurisdiction. Specifically, the Service may not be used in or exported to countries subject to US embargoes or to persons on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Denied Persons List.

StackHealth respects the intellectual property rights of others. If you believe that material on the Service infringes a copyright you own or control, please submit a notice to our designated agent at support@stack.health that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief; (e) a statement of accuracy under penalty of perjury; and (f) your physical or electronic signature. We will respond to valid DMCA notices as required by law.

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and StackHealth with respect to the Service and supersede all prior agreements or understandings. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

StackHealth's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of StackHealth.

We reserve the right to update or modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice before the new Terms take effect by posting the updated Terms on this page, updating the "Last updated" date, and sending an email notification to the address associated with your account. If you disagree with the revised Terms, you must stop using the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms or the Service, please contact us: