Terms of Use

1. Privacy

Please review our Privacy Policy for information about how we collect and use your personal information. For patients of the medical practices affiliated with OpenLoop, please review the Notice of Privacy Practices for information on uses and disclosures of your protected health information.

2. Eligibility and Your Account

You must be at least 18 years old and located in the United States to use the Services. You agree to provide accurate, current and complete information, including in any health questionnaire, and to keep that information up to date. You are responsible for keeping your account credentials confidential and for all activity under your account.

3. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms are effective upon posting to the Website, and your continued use after a change has been posted constitutes your acceptance of the changes unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. We encourage you to review these Terms regularly to determine if any changes have been made.

4. The Website Does Not Provide Medical Advice

THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTHCARE DECISIONS. “PROVIDER” MEANS AN INDEPENDENT LICENSED CLINICIAN OR PROFESSIONAL ENTITY THAT PROVIDES CLINICAL SERVICES TO YOU THROUGH OR IN CONNECTION WITH THE WEBSITE.

5. Reliance on Information Posted

We do not warrant the accuracy, completeness or usefulness of the information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

6. Communication Preferences; Electronic Notices and Signatures

By creating an account, you consent to receive electronic communications from Jevra (for example, by email to the email address you provide, by text message (SMS) to a mobile phone number you provide, or by notices posted to the Website). These communications may include operational notices about your account (for example, password changes and other transactional information) and are part of your relationship with us. You may incur data, call-time or messaging charges from your communication providers in connection with communications from us. We may also send you promotional communications by email or other means, including newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of promotional emails at any time by following the unsubscribe instructions in those emails.

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse or other device to select an item, button, icon or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance and agreement as if actually signed by you in writing. You should keep copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. You also agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or verification will not affect the enforceability of your signature or any resulting contract between you and us.

7. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

8. Ownership of the Website and Content

The Website and all information and content included on the Website are the exclusive property of Jevra or its content suppliers and are protected under applicable copyright, patent, trademark and other proprietary rights. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Jevra. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

9. Trademarks

The Jevra name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Jevra LLC or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

10. Your Use of the Website

These Terms permit you to access and use the Website for your personal, non-commercial use only. You agree not to (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or reverse-engineer the Website or any of the material on it, (b) use materials, products or services available on the Website in violation of any law, (c) impersonate or attempt to impersonate Jevra, any Jevra employee or any other person or entity (including by using email addresses associated with Jevra), or (d) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm Jevra or other users of the Website or expose them to liability.

Additionally, you agree not to, and not to permit or direct any other person to:

• Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other user’s use of the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. Pharmacy and Fulfillment; Shipping; Packaging

The Website may facilitate prescription orders placed by your Provider. Where applicable, prescriptions may be fulfilled by our partner pharmacies (“Partner Pharmacies,” listed below) and/or a pharmacy of your choice, depending on the program and your location. You authorize Providers and the Website to transmit prescription information to one or more pharmacies for dispensing and shipment, as permitted by law. Any prescription order is at the professional discretion of your Provider.

• Pharmacy transfers: your prescription may be transferred among pharmacies for fulfillment, availability, pricing or operational reasons, consistent with law and your instructions.
• Shipping: shipping times are estimates and may vary due to pharmacy processing, verification, carrier delays, weather, holidays or other factors.
• Temperature-sensitive products: certain medications require refrigeration or other handling. You are responsible for receiving shipments promptly and following storage instructions.
• Child-resistant packaging: some medications may ship in non-child-resistant packaging when permitted. Keep all medications out of reach of children.

“Pharmacy” means any pharmacy (including compounding pharmacies, where permitted) that may fulfill prescriptions issued by a Provider. Always contact your Provider or other qualified healthcare professionals directly with any questions about your personal health or medical conditions.

12. Partner Pharmacies

Prescriptions written through the Website are filled and shipped by licensed partner pharmacies, which may include:

• Red Rock Compounding Pharmacy

  www.redrockhomepharmacy.com

  1240 East 100 South, Suite 220, St. George, UT 84790

  435-703-2900

• Health Warehouse

  www.healthwarehouse.com

  7107 Industrial Rd., Florence, KY 41042

  800-748-7001

• Precision Medicine

  precisionmeds.com

  2657 Merrick Road, Bellmore, NY 11710

  516-833-6262

• Triad Rx

  www.triadrx.us

  26258 Pollard Road, Daphne, AL 36526

  251-380-7630

13. State Coverage

Services are available in all 50 states and Washington D.C. Medication and product availability varies based on clinical appropriateness, applicable federal and state laws, or other regulatory requirements. Not all therapies are available in all states. Availability is subject to change.

14. Payment; Subscriptions; Automatic Renewal

By providing a credit card or other payment method accepted by us (“Payment Method”), you expressly agree that we are (or our service provider is) authorized to charge the Payment Method for the total amount of the fees associated with your use of the Website, together with any applicable taxes (collectively, as applicable, a “Purchase”). If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any Payment Method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.

Unless expressly stated otherwise, services are offered on a cash-pay basis and are not billed to insurance. We do not guarantee that any amounts paid are eligible for reimbursement by insurance, HSA/FSA or otherwise. If you enroll in a subscription or recurring program, you authorize us (and/or our payment processors) to charge your Payment Method on a recurring basis until you cancel. Subscription terms, billing cadence and cancellation deadlines will be disclosed at checkout or in your account, and are described in our Cancellation and Refund Policy. To avoid renewal charges, you must cancel before the disclosed cutoff time prior to the renewal date.

Payments may be processed by third parties (for example, Stripe). We do not store full payment card numbers. If you initiate a chargeback, we may suspend your account, and collection efforts may apply to amounts legitimately owed. You agree not to hold us liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold, and you agree not to process stolen or unauthorized cards through the Website.

15. Refunds

All sales are final except as expressly stated in our Cancellation and Refund Policy or as required by law.

16. Promotions

From time to time, we may offer promotions, discounts or referral programs. Promotions may be subject to additional terms, eligibility rules and official rules that are incorporated by reference. Unless prohibited, those additional terms will control in the event of a conflict with these Terms.

17. Termination

We have the right to terminate or suspend your access to all or part of the Website at any time for any reason without notice. Jevra may terminate or suspend any of the rights granted by these Terms and your access to and use of the Website with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms for any reason: Disclaimer of Warranties; Limitation on Liability; Indemnification; Governing Law; and Dispute Resolution.

18. Links from the Website

If the Website contains links to third-party sites or resources, these links are provided for your convenience only. We do not control or endorse these third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19. Disclaimer of Warranties

THE WEBSITE AND THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. Jevra, ITS AFFILIATES, AND ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. IF THIS IS THE CASE, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Jevra, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR ITS CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.

IN NO EVENT SHALL Jevra’s OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED, IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

21. Indemnification

You agree to defend, indemnify and hold harmless Jevra, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any 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 or your use of the Website, including any use of the Website’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

22. Governing Law

You agree that the laws of the State of Florida will govern these Terms and any dispute that may arise between you and Jevra or its affiliates related to your use of the Website, without regard to conflict-of-laws provisions.

23. Dispute Resolution

You and we both agree to provide written notice of any dispute to the other party and to try in good faith to resolve informally any dispute arising from your use of the Website. If a dispute is not resolved within 30 days of a party providing notice to the other party, the dispute will be resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. Any dispute will be decided by a single arbitrator and will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the JAMS Streamlined Arbitration Rules & Procedures, as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearance, unless the arbitrator determines, at your or our request, that an in-person hearing is appropriate. Any in-person hearing will take place in the county where you reside, unless you and we agree otherwise. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its own costs, including costs related to its attorneys, experts and witnesses.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

YOU AND WE EXPRESSLY WAIVE THE RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, WE MAY BRING AN ACTION IN A STATE OR FEDERAL COURT TO PROTECT OUR INTELLECTUAL PROPERTY RIGHTS. SEEKING SUCH RELIEF SHALL NOT WAIVE OUR RIGHT TO ARBITRATION UNDER THESE TERMS.

24. Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

25. Geographic Restrictions

Jevra is based in St. Petersburg, Florida, and the Services are offered only to people located in the United States. Access to the Website may not be legal for certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

26. Entire Agreement

These Terms, together with our Privacy Policy and our Cancellation and Refund Policy, constitute the sole and entire agreement between you and Jevra regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website. Care you receive from a Provider is also subject to the Telehealth Consent and the Provider’s own terms and notices.

27. Contact Us

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to hello@jevra.com. Written notices under these Terms, including notice of a dispute, may be sent by mail to:

• Jevra LLC

  7901 4th St N, Ste 300

  St. Petersburg, FL 33702

  United States

  hello@jevra.com