Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Oxiline RX Corp. (“Oxiline,” “we,” “us,” or “our”) and govern your access to and use of the websites, patient portal, telehealth program, and related services we operate (collectively, the “Services”). By creating an account, completing the eligibility pre-screen, clicking to accept, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Telehealth Informed Consent, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. SECTION 21 (DISPUTE RESOLUTION) CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 21.

THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

Oxiline RX is a technology platform. We provide the website, patient portal, care coordination, and administrative and payment support that connect you with US-licensed clinicians for telehealth evaluation and, where clinically appropriate, treatment. Clinical services are provided through our clinical partner, MD Integrations, and the independent, US-licensed clinicians who practice through it (the “Clinical Providers”). Medications are dispensed and shipped by independent, state-licensed pharmacies (the “Pharmacies”).

Oxiline does not practice medicine, nursing, pharmacy, or any other licensed profession, does not provide medical advice, and does not interfere with the exercise of independent professional medical judgment by the Clinical Providers. Your provider-patient relationship is with the Clinical Provider who treats you, not with Oxiline. Except for communications you receive directly from a Clinical Provider, no information available through the Services should be considered medical advice. Using the Services does not guarantee that a medication will be prescribed; that decision rests solely with your Clinical Provider.

To use the Services, all of the following must be true, and you represent that they are:

• You are at least 18 years of age.
• You are physically located in the United States, in a state where the program is available. Availability is shown during the eligibility pre-screen and may change; some states are not currently served.
• You are using the Services for yourself, not on behalf of another person, and the information you provide is accurate, current, and complete.
• You agree to be bound by these Terms.

Satisfying these requirements does not guarantee that you will receive treatment. Providing false or misleading information (including about your identity, age, location, or health) is a material breach of these Terms and can endanger your health; we may suspend or terminate your access if we believe information you provided is untrue. The Services are intended for use in the United States only.

The Services facilitate telehealth: the delivery of health care using electronic communications between you and a Clinical Provider who is not in the same physical location as you. Where state law permits, care may be delivered asynchronously (“store and forward”), meaning a Clinical Provider reviews the information, answers, and any photos you submit and responds through the patient portal rather than in a live visit. Where your state requires a real-time audio or video encounter before a prescription may be issued, or where the Clinical Provider determines one is necessary, that visit must be completed first. Your use of the telehealth Services is subject to our Telehealth Informed Consent, which describes the benefits, risks, and alternatives of telehealth and is incorporated into these Terms.

By using the Services, you consent to receive disclosures, notices, treatment communications, lab and prescription information, and other communications from Oxiline, MD Integrations, the Clinical Providers, and the Pharmacies electronically, including through the patient portal and by email. It is your responsibility to monitor these communications; you agree that electronic notices and records satisfy any requirement that a communication be in writing.

Your medical intake is reviewed by a US-licensed Clinical Provider before any prescription is written. A medical consultation is part of the program, and any consultation fee that applies is disclosed at checkout before you continue. Treatment — including whether to prescribe at all, and the specific medication, dose, and titration schedule — is at the Clinical Provider’s sole discretion. The Clinical Provider may determine that treatment is not appropriate or safe for you and decline to prescribe, may recommend an alternative to the medication you selected, and may require additional information, laboratory work, or an in-person evaluation before or during treatment. Completing intake or saving a payment method does not guarantee a prescription.

If you are prescribed medication, it will be dispensed by a licensed Pharmacy and shipped to the address you provide. You consent to Oxiline and MD Integrations transmitting your prescription and the information reasonably necessary for dispensing (such as your name, shipping address, and applicable health information) to the dispensing Pharmacy. You further agree that:

• Compounded medications are not FDA-approved. The program’s medications (such as compounded semaglutide and compounded tirzepatide) are prepared by licensed compounding pharmacies and have not been reviewed by the FDA for safety, efficacy, or quality in the way FDA-approved drugs are.
• Medication is for your personal use only. You will not sell, resell, share, trade, export, or otherwise distribute any medication or supplies you receive.
• You will follow the instructions provided by your Clinical Provider and the Pharmacy, including storage (refrigeration where indicated), preparation, and dosing instructions, and you will promptly report side effects or adverse reactions to your Clinical Provider.
• Medication packaging may not be child-resistant. Keep all medications and supplies out of the reach of children and pets.
• Upon delivery, you are responsible for retrieving and properly storing your shipment promptly. Risk of loss passes to you on delivery to the address you provided.

The program is offered on a cash-pay basis only, outside of any commercial health insurance plan and outside of any federal or state health care program. Oxiline, MD Integrations, the Clinical Providers, and the Pharmacies do not bill insurance for the program and are not enrolled in Medicare or Medicaid for these services. You are solely responsible for all fees for the Services and any products provided to you. By using the Services, you agree that:

• You will not seek payment or reimbursement, directly or indirectly, from any insurance plan or other third-party payer — including any federal or state health care program — for services or products purchased through the program.
• You will not count amounts you pay through the program toward any insurance deductible or out-of-pocket requirement, and, if you are enrolled in Medicare Part D, you will not count such amounts toward your true out-of-pocket (“TrOOP”) costs.

The program is a monthly, automatically renewing membership. The membership fee, the per-shipment medication price, any applicable consultation fee, and any introductory or promotional pricing are each displayed at checkout before you agree to them. Payments are processed by our payment processor (Stripe); we do not store full card numbers.

• At checkout, we only save your payment method. You are not charged at that time.
• You are charged only after a Clinical Provider approves your treatment. If treatment is not approved, you are not charged the membership fee, and you are never charged for medication that is not prescribed.
• Once approved, your membership fee is billed monthly, and medication is billed per shipment at the price shown to you before you are charged.
• YOUR MEMBERSHIP RENEWS AUTOMATICALLY EACH MONTH, AND YOUR SAVED PAYMENT METHOD WILL BE CHARGED ON A RECURRING BASIS AT THE PRICE DISCLOSED TO YOU, UNLESS AND UNTIL YOU CANCEL AS DESCRIBED IN SECTION 9. You authorize Oxiline and our payment processor to charge your saved payment method for these amounts.
• Any introductory price applies only to the period disclosed at checkout; the standard price applies thereafter. We may change prices prospectively with reasonable advance notice to you; price changes never apply retroactively, and your continued use of the membership after the change takes effect constitutes acceptance of the new price.
• If a payment fails, we may retry it and notify you to update your payment method. We (and your Clinical Provider and the Pharmacy) have no obligation to provide services or ship medication for which payment has not been received. You are responsible for keeping your payment and shipping information accurate and current.

You may pause or cancel your membership at any time, with no long-term contract and no cancellation fee, either from your patient portal or by emailing support@oxilinerx.com. To avoid being billed for your next cycle, cancel before your next refill is processed; the cutoff for your upcoming renewal is shown in your patient portal. If you cancel, you retain access to the membership services you have already paid for through the end of the current billing period, after which no further charges will be made.

• If your treatment is not approved by a Clinical Provider, you are not charged; any amount that was charged in error will be refunded automatically.
• Because prescription medications cannot lawfully be restocked or resold once dispensed, medication charges are non-refundable once the Pharmacy has begun compounding or the order has shipped, except where the product arrives damaged, is incorrect, or as otherwise required by law. Contact us promptly at support@oxilinerx.com about any problem with a shipment and we will work with the Pharmacy to make it right.
• Membership fees already billed for a completed or in-progress billing period are non-refundable except as required by law. Refunds, where issued, are returned to your original payment method and may take several business days to process.
• We recommend speaking with your Clinical Provider before discontinuing treatment, as abruptly stopping certain medications can affect your health.

You may need an account to use parts of the Services. You agree to provide accurate information, to keep it up to date, to keep your login credentials confidential, and not to share your account or use anyone else’s. You are responsible for all activity that occurs under your account. Notify us immediately at support@oxilinerx.com if you suspect any unauthorized use of your account or other breach of security. We may suspend or terminate accounts that we reasonably believe are inaccurate, shared, compromised, or used in violation of these Terms.

By providing your contact information, you consent to receive transactional communications about your care, orders, account, and the Services by email and, if you opt in, by text message (SMS). Marketing communications are optional: consent to receive marketing messages is not a condition of using the Services, and you may opt out at any time (reply STOP to any text, or use the unsubscribe link in any marketing email). Message frequency varies and message and data rates may apply; carriers are not liable for delayed or undelivered messages.

Standard email and SMS are not encrypted and may be intercepted by third parties. If you choose to send or receive health or other sensitive information by email or text, you do so at your own risk; the patient portal is the secure channel for clinical communications.

You agree that you will not, and will not attempt to:

• impersonate any person, misrepresent your identity, age, location, or health information, or create an account for anyone other than yourself;
• use the Services in violation of any applicable law or regulation;
• resell, distribute, or commercially exploit the Services, or obtain medication for anyone other than yourself;
• reverse engineer, decompile, scrape, crawl, data-mine, or use any automated means to access the Services, or circumvent any security or access-control measure;
• introduce viruses or other harmful code, or interfere with, disrupt, or place undue burden on the Services or the networks connected to them;
• harass, abuse, threaten, or harm any Clinical Provider, care-team member, or other person in connection with the Services; or
• encourage or enable anyone else to do any of the foregoing.

The Services and all of their content, features, and functionality — including text, graphics, images, logos, trademarks, software, and their selection and arrangement — are owned by Oxiline or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. No other rights are granted. “Oxiline,” “Oxiline RX,” and associated logos are trademarks of Oxiline or its affiliates and may not be used without our prior written permission.

If you submit suggestions, ideas, or other feedback about the Services (excluding your health information, which is governed by our Privacy Policy and HIPAA Notice), you grant Oxiline a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation or attribution.

The Services may contain links to, or integrate with, websites and services operated by third parties (for example, our payment processor and shipping carriers). Those services are not under our control, and we are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their own terms and privacy policies.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OXILINE AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Without limiting the foregoing, Oxiline does not warrant or guarantee any particular clinical outcome. Individual results vary, and no statement on the Services is a promise of results. This section does not limit or modify the professional obligations of the Clinical Providers or Pharmacies with respect to the care and products they provide, and it does not exclude warranties that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OXILINE OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, GOODWILL, USE, OR DATA — ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OXILINE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO OXILINE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot be limited under applicable law (including liability for gross negligence, willful misconduct, or personal injury where such limitations are not permitted), and nothing in these Terms limits the professional responsibilities of the treating Clinical Providers or the Pharmacies. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Oxiline and its officers, directors, members, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your violation of applicable law, (c) inaccurate or incomplete information you provide (including health information), or (d) your misuse of the Services or of any medication or product obtained through them.

You may stop using the Services at any time (see Section 9 to cancel a paid membership). We may suspend or terminate your access to the Services, with or without notice, if you violate these Terms, if we reasonably believe your use presents a safety, legal, or fraud risk, or if we discontinue the program (in which case we will give reasonable notice where practicable so that care can be transitioned). Upon termination, provisions that by their nature should survive — including Sections 7, 16 through 21, and 23 — will survive. Termination does not affect the Clinical Providers’ professional obligations regarding continuity of care or your right to obtain a copy of your medical records from the record holder.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 21. Subject to Section 21, any dispute not required to be arbitrated must be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts. Nothing in this section changes the standard of care applicable to the Clinical Providers under the law of the state where you receive care.

PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before filing an arbitration or lawsuit, you and Oxiline each agree to try to resolve any dispute informally. Send a written description of your dispute — including your name, the email associated with your account, the nature of the claim, and the relief you seek — to support@oxilinerx.com. We will do the same to your account email for disputes we initiate. If the dispute is not resolved within sixty (60) days of receipt, either party may proceed as set out below. Applicable statutes of limitations are tolled during this informal process.

Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including its existence, breach, termination, enforcement, interpretation, or validity, and including whether a claim is arbitrable — will be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org). This agreement to arbitrate is governed by the Federal Arbitration Act. Arbitration will take place in the county where you reside or remotely (by videoconference, telephone, or on written submissions), at your election. The arbitrator may award the same individual relief a court could award, consistent with these Terms. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement or misappropriation of intellectual property. Nothing in this section prevents you from reporting issues to government agencies or from bringing claims that applicable law does not permit to be arbitrated.

CLASS ACTION WAIVER: YOU AND OXILINE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) shall be severed and may proceed in court, stayed pending arbitration of the remaining claims.

30-day right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing support@oxilinerx.com with the subject line “Arbitration Opt-Out,” including your name and the email associated with your account, within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms. We will give at least 30 days’ notice of material changes to this section; changes apply only to claims not yet filed.

We may update these Terms from time to time. If we make material changes, we will notify you (for example, by email or a notice in the patient portal) and update the effective date and version shown above before the changes take effect. Changes are not retroactive. Your continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms; if you do not agree, your remedy is to stop using the Services and cancel your membership.

• Entire agreement. These Terms, together with the Privacy Policy, Telehealth Informed Consent, and HIPAA Notice, are the entire agreement between you and Oxiline regarding the Services and supersede all prior agreements on this subject.
• Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, subject to applicable law.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including carrier delays, natural disasters, and outages of third-party services.
• No agency. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Oxiline.

Questions about these Terms? Contact Oxiline RX Corp. at support@oxilinerx.com.