Terms & Conditions

This document regulates the terms of use of the RxPulse service, as well as other legal relationships arising from the use of the RxPulse service (the “Terms”). By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with RxPulse’s Privacy Policy.

The RxPulse service (the “Service” or “Services”) provides users (the “User” or “Users”) with an ambient AI companion (Allie), individualized nutritionally tailored meal plans through the partnered RxDiet program, gentle care plans, and connected care features. The Service may also mediate the purchase of products and ingredients from third parties.

Our service is not intended for emergency situations. In the event of a medical emergency, please call 911 or your local emergency responders.

RxPulse may make unilateral modifications to these Terms. The RxPulse application is licensed, not sold, and you may use the Service only as set forth in these Terms.

Your use of the Service may be subject to separate third-party terms of service and fees, including the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility.

RxPulse is not your healthcare provider and does not provide you any medical advice through the Service; however, RxPulse may, through the Service, connect you with a licensed healthcare provider (each, a “Provider”).

The Service is provided “as is” without warranties of any kind, and RxPulse’s liability to you is limited.

These Terms provide that all disputes between you and RxPulse will be resolved by binding arbitration. You agree to give up your right to go to court, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review the “Dispute Resolution and Arbitration” section below.

The RxPulse service is available as a web application or mobile application. The Services comprise a platform that combines: an AI companion (Allie); the RxDiet personalized nutrition program with optional ingredient delivery; gentle monitoring of vitals; care-plan reminders; actionable insights for the household and the doctor; and a shared family circle.

When you use the Services to place an order for ingredients associated with your meal plan, you authorize RxPulse to select, purchase, and order the delivery of those products from third-party retailers. Picking, ordering, packing, and delivery may be performed by personal shoppers and third-party logistics providers (collectively, “Third Party Providers”). You acknowledge that RxPulse and the personal shopper are acting as your agents in the picking, ordering, packing, and delivery of goods purchased by you and are not the seller of the goods to you.

You agree that RxPulse or the applicable retailer will obtain a credit card authorization for your card on file to cover the cost of goods and any RxPulse fees. Your card may be temporarily authorized for an amount greater than the total appearing in checkout to handle special requests, replacement items, or weight adjustments.

The meal plan is created after completing the initial consultation (the “Consultation”) by the User as part of registration. The plan is provided to the User via the Application.

As part of the Service, RxPulse may enable you to obtain telehealth consultations and treatment by facilitating the connection between you and one or more licensed healthcare Providers. Telehealth involves the delivery of healthcare services using electronic communications between a Provider and a patient who are not in the same physical location.

The services you receive from Providers are not intended to replace a physician or dietitian relationship. You may form an ongoing treatment relationship with some Providers, but your initial visit will begin as a consultation and will not necessarily give rise to an ongoing relationship.

By accepting these Terms, you acknowledge that:

• In rare cases, information transmitted may not be sufficient to allow for appropriate healthcare decision-making by the Provider.
• Delays in evaluation or treatment could occur due to failures of electronic equipment. If this happens, you may be contacted by phone or other means.
• In rare cases, lack of access to all of your health records may result in adverse drug interactions, allergic reactions, or other judgment errors.
• Although our electronic systems incorporate network and software security protocols, in rare instances those protocols could fail, causing a breach of privacy of personal health information.
• You may expect anticipated benefits from the use of the Service, but no results can be guaranteed or assured.
• Your Provider may determine that the Services are not appropriate for some or all of your treatment needs and may elect not to provide telehealth services to you.

RxPulse understands the importance of confidentiality and privacy regarding your information. Our handling of your data is described in our Privacy Policy, which is incorporated into these Terms by reference.

RxPulse grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes, subject to your compliance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services. You may not reverse engineer the Services, attempt to extract source code, scrape the Services through automated means, or interfere with their operation.

You retain all rights in any content you upload, and you are solely responsible for that content. You grant RxPulse a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, display, perform, reproduce, modify, and distribute such content for the purposes of operating, providing, and improving the Services.

If you are using RxPulse on behalf of a business or other entity (e.g. as an authorized representative of a health plan, ACO, or provider organization), you represent that you have the authority to bind that entity to these Terms.

To use the Services, you may need to create a user account. You are responsible for all conduct and transactions on your account and must keep your password secure. RxPulse reserves the right to decline orders, refuse delivery, terminate accounts, or cancel orders at any time in its sole discretion.

By creating an account, you agree to receive communications from RxPulse, personal shoppers, and Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided. You may receive communications generated by automatic dialing systems or that deliver prerecorded messages. Message and data rates may apply. To opt out of promotional communications, contact support@rxpulse.care.

During the Consultation, the User must provide the following information truthfully: contact details (full name, email address, delivery address, phone), and data on physical structure, lifestyle, nutritional preferences, and allergies. The User’s personal data and health status are handled in accordance with our Privacy Policy.

The User agrees to receive electronic communications via email by providing their email address.

The object of the contract between the User and RxPulse is the provision of the Service (the “Contract”), which is concluded upon completion of registration. The Contract is concluded for an indefinite period; the User may terminate the Service in accordance with Section XXII below.

The initial term begins on the date RxPulse receives the User’s subscription payment and lasts for the length of the subscription selected (the “Initial Term”). After the Initial Term, the subscription will automatically renew for successive periods of identical length (each, a “Renewal Term”), unless the Service is terminated.

RxPulse offers different subscription options, each with varying scopes of services and fees. You will be notified of any changes to subscription options in advance, and you are entitled to the full scope of your subscription as it existed at the time of purchase for the duration of that subscription.

Subscription fees are paid in a single sum, and the initial payment must be made before the subscription commences (except where a trial applies). Once paid, subscription fees are non-refundable.

The subscription is continuous and automatically renews unless cancelled before the end of the then-current period. RxPulse may change pricing from time to time and will notify you in advance. You accept the new price by continuing to use the Service after the change takes effect; if you do not agree, you may unsubscribe before the change goes into effect.

From time to time, RxPulse or partners on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). RxPulse may determine your eligibility for a Trial and may withdraw or modify any Trial at any time, without prior notice and with no liability, to the extent permitted by applicable law.

You authorize RxPulse to charge the payment method on file for all subscription fees, taxes, and applicable charges. If a charge fails, RxPulse may suspend the Service until payment is received. You are responsible for keeping payment information current.

When the program includes ingredient delivery, local retail and distribution partners deliver fresh groceries to your address. Delivery may be conducted by individual personal shoppers’ or third-party providers’ methods of transportation. You acknowledge that transportation and logistics are provided by independent contractors not employed by RxPulse.

Unless otherwise indicated, all prices are in the currency of the jurisdiction where delivery takes place. Prices on the Service may differ from in-store prices for the same products at the same retailer.

Occasionally, the Services may contain typographical errors or inaccuracies relating to pricing, product descriptions, promotions, or availability. RxPulse reserves the right to correct any such errors and to change or cancel orders at any time without prior notice.

All payments are processed through third-party payment processors. By providing payment information, you represent that you are authorized to use that payment method. You are responsible for all charges incurred on your account.

The Service, including all content and features, is provided on an “as is” and “as available” basis. RxPulse expressly disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. RxPulse does not warrant that the Service will be uninterrupted, secure, or error-free.

To the fullest extent permitted by law, in no event will RxPulse, its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. RxPulse’s aggregate liability shall not exceed the amount you paid to RxPulse in the twelve (12) months preceding the event giving rise to the claim.

The Service is not a substitute for the medical advice of a physician or other qualified health provider. Nothing in the Service is intended to replace professional medical diagnosis, advice, or treatment. Always seek the advice of your physician with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or accessed through the Service.

You agree to defend, indemnify, and hold harmless RxPulse and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

Email and text messages are not secure methods of communication. You acknowledge that communications you send to or receive from RxPulse via email or text are not encrypted in transit and may be read by a third party. Sensitive personal health information should only be communicated through secured channels within the Service.

Without limiting the foregoing, RxPulse makes no warranty that the Service will meet your requirements or that defects in the Service will be corrected. RxPulse is not responsible for the conduct of any users or Providers, online or offline.

By using the Service, you consent to receiving certain communications electronically, including notices, agreements, disclosures, and other communications that we provide via email, in-app notification, or by posting on the Service. You agree that all such communications satisfy any legal requirement that they be in writing.

Please read this section carefully — it affects your rights.

You and RxPulse agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, except that you may assert claims in small claims court. The arbitration will be administered by a neutral arbitrator. You and RxPulse waive any right to a trial by jury and may not bring claims as a class action.

You may terminate your subscription at any time by following the cancellation instructions in your account settings or by contacting support@rxpulse.care. Termination will take effect at the end of the then-current billing period. RxPulse may terminate or suspend your account at any time, with or without cause, with or without notice.

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and RxPulse regarding the Service. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

RxPulse’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of RxPulse.

All content, features, and functionality of the Service, including text, graphics, logos, and software, are the exclusive property of RxPulse or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or use any portion of the Service except as expressly permitted in these Terms.

These Terms are governed by the laws of the United States and, where applicable, the State of California, without regard to its conflict-of-laws principles. The Service is intended for use within the United States; using the Service from outside the United States may be prohibited and may subject you to termination.

Questions about these Terms? Email legal@rxpulse.care.