Qare Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Qare platform. By creating an account, completing an intake, or otherwise using the Services, you agree to be bound by these Terms and by the Qare Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services.

1. Who You Are Contracting With

Ibby Health Solutions ("Qare," "we," "us," or "our") operates the getqare.com website and the Qare technology platform (the "Platform"). Qare is a technology and administrative services company. Qare does not practice medicine, does not provide medical advice, diagnosis or treatment, and does not control the clinical judgment of any clinician.

Medical services delivered through the Platform are provided by Qare Medical Group, P.C. (the "Medical Group") and by the licensed clinicians affiliated with it (each, a "Provider"). The Medical Group and its Providers are solely responsible for the medical care they deliver, including all clinical decisions, diagnoses and prescriptions. Your provider-patient relationship is with the Medical Group and your treating Provider, not with Qare.

These Terms govern your use of the Platform. Your care is additionally governed by the telehealth consent you accept during intake.

2. Not for Medical Emergencies

3. Eligibility

You must be at least 18 years old to use the Services. Qare and the Medical Group do not provide care to patients under 18. By using the Platform, you represent and warrant that you are 18 or older and that you have the right, authority and capacity to enter into these Terms. Accounts found to belong to a person under 18 will be closed.

4. Where the Services Are Available

The Services are available only to patients physically located, at the time of the visit, in a state where the Medical Group has a licensed Provider. As of the effective date above, that state are New Jersey and Pennsylvania. Additional states are added as licensure permits, and the current list is published on getqare.com.

State law requires your treating Provider to hold an active license in the state where you are physically located during the visit. You agree to accurately report your location and to complete any identity and location verification we request. Misrepresenting your location may result in your visit being cancelled and your account closed.

5. Accounts and Security

You agree to provide accurate, current and complete information when creating an account and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at info@getqare.com if you suspect unauthorized use of your account. Accounts are personal to you and may not be shared or transferred.

6. Telehealth Consent and Accuracy of Information

Before your first visit you will be asked to review and accept a separate telehealth consent describing the nature, benefits and limitations of care delivered remotely, and your right to withdraw that consent at any time. You will also be asked to attest that the information you have provided is accurate and complete.

Clinical decisions rest on what you tell your Provider. Providing inaccurate, incomplete or misleading information about your symptoms, medical history, medications, allergies or location can lead to inappropriate treatment and may cause serious harm. You are responsible for the accuracy of the information you provide.

7. Medical Services and Prescriptions

Providers exercise independent clinical judgment. Submitting an intake and paying a visit fee is a request for a clinical evaluation. It is not a purchase of medication and does not guarantee that any prescription will be issued.

Providers on the Platform do not prescribe DEA controlled substances. Providers also do not prescribe non-therapeutic drugs or medications whose potential for abuse or harm makes remote prescribing inappropriate.

If your Provider determines that your condition cannot be safely evaluated or treated remotely, the Provider will tell you and direct you to in-person care. Some conditions require a hands-on physical examination, imaging or in-person testing, and cannot be treated through the Services.

Prescriptions, when issued, are transmitted electronically to the pharmacy you select. Qare does not dispense medication. Your relationship with your pharmacy, including the cost of any medication, is separate from these Terms.

8. Fees, Payment and Refunds

Fees
Visit fees are flat and displayed before you pay. As of the effective date, a message-based visit is $39 and a live video or phone visit is $69. Fees may change, and the fee shown to you at the time of your visit is the fee that applies. The Services are cash-pay and no insurance is billed. Medication costs at your pharmacy are separate and are not included in the visit fee.

Payment authorization
By providing a payment method you represent that you are authorized to use it, and you authorize us or our payment processor to charge it for the full amount of your visit fee and any applicable taxes.

Refunds
You receive a full refund if any of the following applies:

• You cancel your visit before a Provider has reviewed your case;
• No Provider licensed in your state is available to review your case; or
• Your Provider determines that your condition cannot be safely treated online.

Refunds are issued to the original payment method within three business days.

Once a Provider has reviewed your case, fees are non-refundable, including where the clinical outcome is that no prescription is appropriate. You are paying for a clinical evaluation, not for a particular result.

9. Acceptable Use

You agree not to: use the Services for anyone other than yourself; impersonate another person or provide false identification; attempt to obtain controlled substances or medication for non-medical purposes; interfere with, disrupt, probe or reverse engineer the Platform; scrape or extract data by automated means; or use the Services for any unlawful purpose.

10. Privacy

Your health information is protected under the Health Insurance Portability and Accountability Act ("HIPAA") and applicable state law. The Medical Group is the covered entity responsible for your medical record. Qare handles that information on the Medical Group's behalf under a business associate agreement. How information is collected, used, shared and protected, and the rights you have, are described in the Qare Privacy Policy and Notice of Privacy Practices.

11. Intellectual Property

The Platform, including its software, text, design, graphics and trademarks, is owned by Qare or its licensors and is protected by intellectual property law. You receive a limited, personal, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. You receive no other rights. Your medical record belongs to you in the manner provided by applicable law, and the Medical Group maintains it as required by the law of the state where you received care.

12. Third Party Services

The Platform integrates services operated by third parties, including video consultation, electronic prescribing, payment processing and pharmacies. Qare is not responsible for the acts or omissions of third parties, though we require appropriate safeguards from any third party that handles health information.

13. Disclaimer of Warranties

Except as expressly stated in these Terms and to the fullest extent permitted by law, the Platform is 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, title and non-infringement. Qare does not warrant that the Platform will be uninterrupted, timely, secure or error free.

Nothing in this section limits or disclaims any warranty or duty owed by the Medical Group or a Provider with respect to the medical care they deliver, and nothing in these Terms is intended to limit liability for professional negligence.

14. Limitation of Liability

To the fullest extent permitted by law, Qare and its affiliates, licensors, service providers, employees, agents, officers and directors will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to your use of or inability to use the Platform, however caused and under any theory of liability.

To the fullest extent permitted by law, the total aggregate liability of Qare arising out of or relating to these Terms or the Platform will not exceed the greater of the total fees you paid to Qare in the twelve months preceding the event giving rise to the claim, or one hundred dollars.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. This section does not limit liability for professional medical negligence, gross negligence, willful misconduct, or any liability that cannot be limited by law.

15. Indemnification

You agree to indemnify and hold harmless Qare and its affiliates, officers, directors, employees and agents from any claim, liability, damage, loss or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Platform, your provision of false or misleading information, or your violation of any law or the rights of a third party.

16. Term, Suspension and Termination

These Terms apply for as long as you use the Services. You may close your account at any time by contacting us. We may suspend or terminate your access if you breach these Terms, if we suspect fraud or misuse, if continued service would be unlawful, or if the Services are discontinued in your state.

Termination does not affect your medical record. The Medical Group retains and provides access to your record as required by the law of the state where you received care, regardless of your account status. Sections 10 through 15 and 17 through 19 survive termination.

17. Changes to These Terms

We may update these Terms. If a change is material, we will post the updated Terms with a new effective date and notify you through the Platform or by email before the change takes effect. Continued use of the Services after the effective date means you accept the updated Terms. Prior versions are retained and available on request.

18. Governing Law and Venue

These Terms are governed by New Jersey and Pennsylvania law, except where applicable federal law or mandatory laws of the state where you receive care require otherwise. Nothing in these Terms limits your legal rights as a patient or consumer.

19. Dispute Resolution

If a dispute arises, please contact us first at info@getqare.com so we can try to resolve it informally. Both parties agree to attempt informal resolution in good faith for at least thirty days before initiating a formal proceeding. This section does not apply to claims of professional medical negligence, which are governed by the law of the state where care was delivered.

20. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy and the telehealth consent, are the entire agreement between you and Qare regarding the Platform.

21. Contact

Questions about these Terms: info@getqare.com
Ibby Health Solutions