These Terms of Service govern use of the PharmacyIQ platform at app.pharmacyiq.co and this website. Clinics that onboard also sign the PharmacyIQ Platform Services Agreement, which controls where the two differ. Questions: hello@pharmacyiq.co.
1. Who we are
The PharmacyIQ platform at app.pharmacyiq.co and this website are operated by Pharmacy IQ L.L.C., an Idaho limited liability company (“PharmacyIQ”, “we”, “us”). Business address: 3640 W Sugarberry St, Eagle, ID 83616. Contact: hello@pharmacyiq.co.
PharmacyIQ is a software company. It is not a pharmacy, a wholesaler, a distributor or a prescriber. PharmacyIQ does not compound, dispense, manufacture, purchase, resell, ship, price or take title to any medication.
2. These Terms and the Platform Services Agreement
These Terms govern your use of this website and, where no separate signed agreement applies, the platform. Clinics that onboard sign the PharmacyIQ Platform Services Agreement, which includes a Business Associate Agreement as Addendum 1 and a Fee Schedule as Schedule A. Where that agreement and these Terms conflict, the Platform Services Agreement controls for that clinic.
3. Who may use the platform
- The platform is for licensed healthcare practices in the United States and their authorised workforce members.
- You must be at least 18 and authorised to act for the clinic you register.
- Access is granted by application and approval. We may decline or withdraw access.
- The platform is not for consumers. No medication is offered, sold or dispensed to anyone through this website.
4. Accounts and security
- One person, one login. Every workforce member must have their own named login. Logins may never be shared, lent or used by anyone else, for any reason. HIPAA requires that every access to patient information be traceable to one identified person, so a shared login is a breach of these Terms and of your Business Associate Agreement obligations.
- We may suspend any account immediately if we believe a login is being shared, and we may require the affected users to reset their credentials before access is restored.
- You are responsible for activity under your accounts and for removing access promptly when someone leaves.
- Multi-factor authentication is required for every user. Never share a password or verification code. Tell us without delay at hello@pharmacyiq.co if you suspect unauthorised access.
5. Clinical responsibility
All clinical decisions rest with the treating provider. PharmacyIQ does not practise medicine or pharmacy, does not review, approve, alter or issue prescriptions, and does not give medical advice. The dispensing pharmacy exercises its own professional judgement and is responsible for dispensing.
6. Fees and payments
A clinic’s account involves two kinds of amounts. This section explains who charges each one.
- Software fees. PharmacyIQ charges fees for access to and use of the platform. The amounts, and how they are billed, are set out in your Platform Services Agreement, which you review and sign during onboarding.
- Medication. Medication and shipping are priced and billed by the independent, licensed pharmacy that dispenses the order, on its own account, never by PharmacyIQ. PharmacyIQ does not sell medication or take title to it. Where your Platform Services Agreement provides for it, the medication amount may instead be collected at checkout on that pharmacy’s behalf, as its limited payment-collection agent.
- Your statement. PharmacyIQ’s software fees appear on your statement as PharmacyIQ. Medication charges appear under the name of the dispensing pharmacy or the party billing on its behalf. Your Platform Services Agreement sets out how each charge is itemized.
- Patients. PharmacyIQ does not bill patients and does not receive, hold or transmit patient payments. What a clinic charges its own patients is between the clinic and its patients.
- Fees are stated in US dollars and exclude taxes, which you are responsible for where they apply.
- Payments are processed by our third-party payment processor, by card or bank debit. We do not store full card numbers.
- Questions about a charge: hello@pharmacyiq.co. Cancellations and refunds are covered by our Refund and Cancellation Policy.
7. Acceptable use
You agree not to:
- use the platform for anything unlawful, or to submit a prescription that is not valid and patient-specific;
- bill any federal or state healthcare programme, or any insurer, for anything ordered through the platform, which is cash-pay only;
- misrepresent your licensure, credentials or identity;
- upload malicious code, probe or disrupt the service, or circumvent access controls;
- scrape, resell, sublicense or white-label the platform without our written agreement;
- make claims about medication that are false, misleading or not permitted by law.
8. Intellectual property
The platform, this website, and all software, text, design and trademarks in them belong to PharmacyIQ or its licensors. You receive a limited, non-exclusive, non-transferable right to use the platform while your access is active and your fees are current. Your clinic’s own data remains yours.
9. Privacy, HIPAA and data
Our handling of information is described in the Privacy Policy. Where a clinic is a covered entity and PharmacyIQ handles protected health information on its behalf, PharmacyIQ acts as its business associate under the Business Associate Agreement at Addendum 1 to the Platform Services Agreement.
10. Third-party services
The platform relies on third-party infrastructure, communications and payment providers. Where such a provider handles protected health information on our behalf, our policy is to require a written business associate agreement with protections at least as protective as our own.
11. Disclaimers
Except where the Platform Services Agreement says otherwise, the platform is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free. Compounded preparations are prepared by independent, state-licensed U.S. compounding pharmacies, are not FDA-approved, and have not been evaluated by the FDA for safety, efficacy or quality.
12. Limitation of liability
To the maximum extent permitted by law, PharmacyIQ is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our aggregate liability arising out of or relating to the platform is limited to the fees you paid us in the twelve months before the event giving rise to the claim. Nothing here limits liability that cannot be limited by law.
13. Indemnity
You will indemnify PharmacyIQ against claims arising from your use of the platform, your clinical decisions, your breach of these Terms, or your violation of law or of a third party’s rights.
14. Suspension and termination
You may stop using the platform at any time; cancellation of paid access is covered by the Refund and Cancellation Policy. We may suspend or terminate access for non-payment, breach of these Terms, loss of licensure, or where required by law or to protect patients, clinics or the platform. On termination you may export your clinic’s data for the period stated in the Platform Services Agreement.
15. Changes to these Terms
We may update these Terms. Material changes will be notified in the platform or by email before they take effect. Continuing to use the platform after that date means you accept the updated Terms.
16. Governing law
These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-laws rules. The courts located in Ada County, Idaho have exclusive jurisdiction, except where the Platform Services Agreement provides otherwise for a clinic.
17. Contact
Pharmacy IQ L.L.C., an Idaho limited liability company (“PharmacyIQ”, “we”, “us”)
3640 W Sugarberry St
Eagle, ID 83616
hello@pharmacyiq.co
(949) 232-0405