Terms of Service
Last updated: July 2026
These Terms of Service (“Terms”) govern access to and use of the RxFlavor websites, applications, software, Flavor Wizard, pharmacy dashboard, patient-facing experiences, communications, educational resources, analytics, printed materials, fulfillment services, and related products and services collectively referred to as the “Services.”
These Terms form a legally binding agreement between the person or organization using the Services and RxFlavor. By creating an account, starting a trial, purchasing a subscription or printed product, accessing the Services, or otherwise using RxFlavor, you agree to these Terms.
If you use RxFlavor on behalf of a pharmacy, business, healthcare organization, or other entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and the organization.
If you do not agree to these Terms, do not access or use the Services.
2. Description of the Services
RxFlavor is a patient-experience and pharmacy workflow platform designed to help compounding pharmacies:
- Collect patient or caregiver flavor preferences
- Generate informational flavor recommendations
- Provide pharmacy-specific Flavor Wizard experiences
- Receive and review Flavor Wizard submissions
- Send questionnaire invitations and follow-up communications
- Provide medication-administration educational resources
- Track questionnaire, engagement, and follow-up information
- Generate pharmacy-specific QR codes
- Download or order printed marketing materials
- Manage pharmacy team access, settings, subscriptions, and billing
The Services may change over time. We may add, modify, suspend, or remove features when reasonably necessary to improve, maintain, secure, or operate RxFlavor.
3. Not Medical Advice or Clinical Decision Support
RxFlavor does not provide medical advice, diagnosis, treatment, prescribing, dispensing, dosing, drug-interaction screening, allergy verification, formulation validation, or emergency medical services.
RxFlavor does not determine whether a particular medication, ingredient, flavor, sweetener, vehicle, dosage form, concentration, route of administration, or compounded formulation is safe or appropriate for a patient or animal.
Flavor recommendations and educational materials are informational tools intended to support communication among pharmacies, patients, and caregivers. They do not replace the professional judgment of a licensed pharmacist, prescriber, veterinarian, or other qualified healthcare professional.
The pharmacy and its licensed personnel remain solely responsible for:
- Reviewing all recommendations and questionnaire responses
- Selecting and approving flavors and ingredients
- Evaluating allergies, sensitivities, contraindications, and dietary restrictions
- Confirming compatibility with the medication and formulation
- Compounding, labeling, dispensing, and counseling
- Complying with applicable pharmacy, healthcare, veterinary, privacy, and professional-practice requirements
- Making all clinical and professional decisions
No recommendation generated by RxFlavor should be implemented without review by qualified pharmacy personnel.
4. No Guarantee of Results
RxFlavor does not guarantee that:
- A patient or animal will accept or tolerate a medication
- A recommended flavor will improve taste
- A medication will be easier to administer
- A patient will adhere to treatment
- A caregiver will successfully administer medication
- A questionnaire or follow-up will be completed
- A pharmacy will improve retention, revenue, satisfaction, outcomes, or workflow efficiency
- Any particular clinical, operational, financial, or commercial result will occur
Terms such as “Medication Success,” “better adherence,” “better experience,” or similar statements describe the intended purpose of the Services and do not constitute guarantees of clinical outcomes.
5. Pharmacy Responsibilities
You are responsible for your pharmacy’s use of RxFlavor and for ensuring that all users acting through your account are properly authorized and trained.
You are responsible for:
- Reviewing the accuracy and appropriateness of information presented through RxFlavor
- Determining which patients should use the Flavor Wizard
- Ensuring that public QR codes and patient links are used appropriately
- Reviewing Flavor Wizard submissions before relying on them
- Obtaining any patient, caregiver, employee, or other consent required by law
- Maintaining accurate pharmacy, billing, shipping, and contact information
- Ensuring that communications sent through RxFlavor are lawful and appropriate
- Complying with pharmacy-practice, advertising, privacy, consumer-protection, telecommunications, and professional requirements
- Maintaining any records required independently of RxFlavor
RxFlavor is not the pharmacy’s official dispensing, prescribing, patient-record, medication-order, or pharmacy-management system unless expressly agreed in a separate written agreement.
6. Patient and Caregiver Use
Patients and caregivers may access certain portions of the Services without creating an account, including pharmacy-specific Flavor Wizards, educational materials, and follow-up pages.
Patients and caregivers must provide information honestly and should not rely on RxFlavor for medical emergencies or urgent healthcare needs.
Any medical concern, adverse reaction, allergy concern, dosing issue, missed dose, medication error, worsening condition, or emergency should be directed to the pharmacy, prescriber, veterinarian, emergency services, poison-control center, or another appropriate healthcare professional.
A Flavor Wizard submission does not create a pharmacist-patient, physician-patient, veterinarian-client-patient, or other professional relationship with RxFlavor.
7. Accounts and Security
You must provide accurate account information and keep it current.
You are responsible for:
- Maintaining the confidentiality of login links, one-time codes, passwords, devices, and account credentials
- Restricting account access to authorized users
- Assigning appropriate roles and permissions
- Removing access when a team member no longer requires it
- All activity conducted through your account, except to the extent caused by RxFlavor’s own breach of these Terms or applicable law
You must notify us promptly via the Contact page if you suspect unauthorized access, credential compromise, account misuse, or a security incident involving the Services.
You may not share individual credentials among multiple people when individual accounts are available.
8. Team Members and Administrators
Account owners and administrators may invite team members and assign roles.
The pharmacy is responsible for:
- Confirming each invited user’s identity and authority
- Selecting appropriate permissions
- Monitoring user activity
- Removing former employees or unauthorized users
- Ensuring that team members comply with these Terms
Actions taken by an owner, administrator, staff member, or other authorized user are treated as actions of the pharmacy account.
9. Privacy, Patient Information, and HIPAA
Your use of the Services is also subject to the RxFlavor Privacy Policy.
RxFlavor is designed to minimize the patient information required for the Flavor Wizard. However, information submitted through RxFlavor may still constitute personal information, health information, or protected health information depending on the information entered, how the pharmacy uses it, and applicable law.
You are responsible for determining:
- Whether your organization is a HIPAA-covered entity or business associate
- Whether information entered into RxFlavor constitutes protected health information
- Whether a Business Associate Agreement is required
- Whether your intended use of RxFlavor is permitted by applicable privacy laws
- What notices, authorizations, consents, or agreements are required
Do not enter protected health information into RxFlavor unless your organization has determined that the use is lawful and any required Business Associate Agreement or other written agreement is in effect.
Nothing in these Terms independently constitutes a Business Associate Agreement.
Where RxFlavor and a pharmacy execute a separate Business Associate Agreement, that agreement will govern the parties’ handling of protected health information. If there is a conflict between these Terms and an executed Business Associate Agreement regarding protected health information, the Business Associate Agreement will control.
The pharmacy remains responsible for deciding what information its personnel, patients, and caregivers are asked to provide.
10. SMS, Email, and Other Communications
RxFlavor may allow pharmacies to send Flavor Wizard invitations, questionnaire links, reminders, follow-ups, educational messages, order notifications, and other communications by SMS, email, or similar channels.
You are responsible for obtaining and documenting all consent required to contact each recipient.
You may not use RxFlavor to send:
- Unsolicited marketing messages
- Messages to recipients who have opted out
- Misleading, fraudulent, abusive, or unlawful content
- Communications prohibited by the Telephone Consumer Protection Act, CAN-SPAM Act, state law, carrier rules, or other applicable requirements
Consent to receive healthcare-related or operational communications does not necessarily constitute consent to receive advertising or promotional messages.
You must honor opt-out, revocation, unsubscribe, and do-not-contact requests.
Message and data rates may apply to recipients. Delivery is not guaranteed and may be affected by mobile carriers, spam filtering, invalid contact information, third-party providers, device settings, or network conditions.
RxFlavor may block or suspend communications that appear unlawful, abusive, fraudulent, excessive, or likely to harm deliverability.
11. Acceptable Use
You may not:
- Use the Services for any unlawful, deceptive, fraudulent, harmful, or abusive purpose
- Violate pharmacy, healthcare, privacy, telecommunications, intellectual-property, consumer-protection, or professional-practice laws
- Access or attempt to access another organization’s account or data without authorization
- Probe, scan, test, or circumvent security controls
- Introduce malware, malicious code, automated attacks, or harmful content
- Interfere with the availability or operation of the Services
- Scrape, harvest, copy, or extract data except through authorized functionality
- Reverse engineer, decompile, disassemble, or attempt to derive source code except where such restriction is prohibited by law
- Resell, sublicense, rent, lease, white-label, or commercially exploit the Services without written authorization
- Use RxFlavor to create a competing product or service
- Misrepresent RxFlavor recommendations as medical orders, prescriptions, clinical determinations, or guarantees
- Upload content that infringes another person’s rights
- Use public links, QR codes, invitations, or messaging functionality for spam, phishing, impersonation, or unrelated advertising
- Use automated systems in a manner that imposes unreasonable load on the Services
We may investigate suspected violations and suspend or terminate access where reasonably necessary.
12. Pharmacy Data and Customer Content
“Customer Content” means information, text, settings, questionnaire responses, pharmacy details, uploaded materials, notes, branding, and other content submitted to the Services by or on behalf of a pharmacy, patient, caregiver, or authorized user.
As between RxFlavor and the pharmacy, the pharmacy retains its rights in Customer Content, subject to any rights held by individual patients, caregivers, or other parties under applicable law.
You grant RxFlavor a limited, nonexclusive, worldwide license to host, store, process, reproduce, transmit, format, display, and otherwise use Customer Content only as reasonably necessary to:
- Provide and operate the Services
- Generate recommendations and reports
- Deliver requested communications
- Generate pharmacy-specific QR codes and materials
- Process and fulfill orders
- Prevent fraud and security threats
- Maintain, support, and improve the Services
- Comply with law and enforce these Terms
You represent that you have the rights and permissions required to submit Customer Content and authorize its processing.
You are responsible for the accuracy, legality, and appropriateness of Customer Content.
13. Aggregated and De-identified Information
To the extent permitted by applicable law and any applicable Business Associate Agreement, RxFlavor may create and use aggregated or de-identified information that does not reasonably identify a pharmacy, patient, caregiver, or individual.
Such information may be used to operate, secure, analyze, improve, and develop the Services and to produce general industry or product insights.
RxFlavor will not represent de-identified or aggregated information as identifying a specific pharmacy or patient.
14. Automated Recommendations and Generated Content
Certain recommendations, summaries, classifications, insights, or content may be produced using rules-based logic, statistical methods, automation, or artificial-intelligence technologies.
Automated outputs may be incomplete, inaccurate, inappropriate, or affected by incorrect user input.
You must independently review all outputs before using them in pharmacy operations, patient communications, compounding decisions, counseling, or other professional activities.
RxFlavor does not guarantee the accuracy, completeness, or suitability of automated outputs.
15. Intellectual Property
RxFlavor and its licensors own all rights, title, and interest in the Services, including:
- Software and source code
- Website and application designs
- User interfaces
- The Flavor Wizard
- Recommendation logic
- Workflows
- Reports and analytics formats
- Logos, trademarks, names, and branding
- Educational materials and videos
- Marketing templates
- QR-code systems
- Documentation
- Graphics, illustrations, and written content
Except for the limited right to use the Services under these Terms, no rights are transferred to you.
You may not remove or alter proprietary notices or use RxFlavor’s trademarks, branding, designs, or materials outside the permitted use of the Services without written authorization.
16. License to Use the Services
Subject to payment of applicable fees and compliance with these Terms, RxFlavor grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable right to access and use the Services during your active subscription or trial for your pharmacy’s internal business purposes.
This license ends when your subscription, trial, or account ends.
17. Feedback
If you submit suggestions, ideas, feature requests, comments, or other feedback, you grant RxFlavor the right to use that feedback without restriction or compensation.
This does not give RxFlavor ownership of your confidential business information or Customer Content.
18. Subscriptions, Trials, and Billing
Subscription fees, included features, billing frequency, trial terms, and renewal information will be disclosed during checkout or on the Billing page.
By starting a paid subscription or a trial that converts to a paid subscription, you authorize RxFlavor and its payment processor to charge the payment method on file for applicable recurring fees, taxes, printed-product purchases, shipping charges, and other authorized purchases.
Unless otherwise stated:
- Subscriptions renew automatically at the end of each billing period
- Trial periods convert to paid subscriptions at the disclosed price unless canceled before the trial ends
- You may cancel through the Billing page or another cancellation method made available by RxFlavor
- Cancellation stops future renewals but does not ordinarily create a refund for the current billing period
- Access may continue until the end of the paid billing period
- Failed or reversed payments may result in restricted access, suspension, or termination
19. Price Changes
RxFlavor may change subscription prices or fees.
Unless a different period is required by law, we will provide reasonable advance notice before a price change applies to an existing recurring subscription.
Continued use after the effective date of a properly disclosed price change constitutes acceptance of the new price. You may cancel before the change takes effect.
20. Taxes
Fees may not include applicable sales, use, excise, value-added, or similar taxes unless stated otherwise.
You are responsible for applicable taxes associated with your purchases, except taxes based on RxFlavor’s net income.
RxFlavor or its payment processor may collect taxes where legally required.
21. Refunds
Subscription payments are non-refundable except:
- Where required by law
- Where expressly stated in an applicable refund policy
- Where RxFlavor determines that a billing error occurred
- Where RxFlavor approves a refund in its discretion
Canceling a subscription ordinarily prevents future renewal charges but does not retroactively refund a completed billing period.
Printed and personalized products may be non-refundable after production begins because they are generated specifically for the ordering pharmacy.
Nothing in this section limits any non-waivable rights available under applicable law.
22. Printed Marketing Materials and Welcome Kits
RxFlavor may offer printed brochures, posters, signs, cards, stickers, table tents, window materials, Welcome Kits, and other physical products.
Printed products may contain:
- A pharmacy-specific QR code
- A pharmacy-specific Flavor Wizard link
- Pharmacy information
- RxFlavor branding
- Product-specific educational or promotional content
You are responsible for providing accurate order, pharmacy, recipient, and shipping information.
RxFlavor may generate print-ready files automatically using the pharmacy account and its permanent public identifier.
Before an order is released to production, RxFlavor may:
- Automatically validate the generated file
- Require manual approval by RxFlavor
- Provide the pharmacy with a proof for review
- Send the order directly to a third-party fulfillment provider
The exact workflow may vary by product.
A preview or product mockup may not perfectly represent final dimensions, paper stock, finish, color, trimming, packaging, or placement.
Minor variations in printing, cutting, color, finish, and positioning are not considered defects where they fall within ordinary commercial-printing tolerances.
23. QR Codes and Public Links
Pharmacy-specific QR codes and public links are intended to connect users to the applicable pharmacy’s RxFlavor experience.
The pharmacy is responsible for:
- Displaying QR codes in appropriate locations
- Preventing misleading or unauthorized use
- Removing outdated or compromised materials when instructed
- Not altering a QR code in a way that prevents it from functioning
- Confirming that the QR code resolves correctly before independently reproducing materials
RxFlavor may rotate, disable, redirect, or replace a public token or QR destination when reasonably necessary for security, fraud prevention, legal compliance, account closure, or service maintenance.
Physical materials containing a disabled or replaced QR code may need to be reprinted. Unless the change was caused solely by RxFlavor’s error, replacement printing may require an additional purchase.
24. Shipping, Fulfillment, and Third-party Printers
RxFlavor may use third-party printers, manufacturers, fulfillment providers, and shipping carriers, including print-on-demand providers.
Production times, shipping times, and delivery dates are estimates and are not guaranteed.
RxFlavor is not responsible for delays or failures caused by:
- Printers or manufacturers
- Shipping carriers
- Customs
- Incorrect addresses
- Weather
- Labor disruptions
- Supply shortages
- Force majeure events
- Recipient unavailability
- Events outside RxFlavor’s reasonable control
Risk of loss and title to physical products pass as permitted by applicable law and the applicable shipping terms.
You must promptly report damaged, defective, incorrect, or missing products and provide any photographs or information reasonably needed to investigate the issue.
RxFlavor may, depending on the circumstances, replace the product, reprint it, issue a credit, provide a refund, or deny the claim where the order was correctly produced and delivered.
25. Downloadable Materials
RxFlavor may allow pharmacies to download digital marketing materials generated with pharmacy-specific information or QR codes.
Downloaded materials are licensed for use by the applicable pharmacy during its authorized use of RxFlavor.
You may print or display downloaded materials for your pharmacy’s legitimate operations, but you may not:
- Sell the templates
- Distribute editable source files
- Remove RxFlavor branding unless expressly permitted
- Use the materials for another pharmacy
- Replace the QR destination with an unauthorized service
- Claim ownership of RxFlavor’s designs
You are responsible for verifying independently printed materials before public distribution.
26. Third-party Services
The Services may rely on or integrate with third-party providers, including payment processors, cloud-hosting providers, database services, email providers, SMS providers, analytics services, printers, and shipping carriers.
Your use of a third-party service may also be subject to that provider’s terms and privacy practices.
RxFlavor does not control and is not responsible for third-party services, their availability, security, accuracy, acts, omissions, policy changes, outages, delays, or termination of service.
We may replace, add, or remove third-party providers when reasonably necessary.
27. Service Availability and Changes
We aim to provide a reliable service but do not guarantee uninterrupted, error-free, or continuously available access.
The Services may be unavailable because of:
- Scheduled or emergency maintenance
- Software updates
- Security incidents
- Internet or cloud-provider outages
- Telecommunications failures
- Third-party service disruptions
- Legal or regulatory requirements
- Events beyond our reasonable control
We may modify, suspend, limit, or discontinue all or part of the Services. Where commercially reasonable, we will provide advance notice of material discontinuation.
28. Data Export, Retention, and Deletion
Available data-export functionality may depend on the applicable plan and current product capabilities.
You are responsible for retaining any information that your pharmacy is legally or professionally required to maintain.
RxFlavor is not a substitute for legally required patient, prescription, dispensing, compounding, billing, or pharmacy records.
Following account termination, RxFlavor may retain or delete information in accordance with:
- The Privacy Policy
- Applicable law
- Legitimate security and fraud-prevention needs
- Backup and disaster-recovery schedules
- Any applicable Business Associate Agreement
- Any separate written agreement
Where an executed Business Associate Agreement applies, its return-or-destruction provisions will control for protected health information.
29. Confidentiality
Each party may receive nonpublic information from the other that is identified as confidential or that reasonably should be understood to be confidential.
The receiving party will use reasonable care to protect confidential information and will use it only as necessary to perform or receive the Services.
Confidential information does not include information that:
- Becomes public without breach of an obligation
- Was already lawfully known without confidentiality restrictions
- Is received lawfully from another source
- Is independently developed without use of the confidential information
- Must be disclosed by law, subpoena, or valid government request
Where possible and legally permitted, the receiving party will provide reasonable notice before compelled disclosure.
30. Suspension and Termination
You may stop using the Services and cancel your subscription according to the cancellation process provided through RxFlavor.
RxFlavor may suspend, restrict, or terminate access if:
- Fees remain unpaid
- You violate these Terms
- Your use creates a security, legal, regulatory, operational, or reputational risk
- Fraud or unauthorized activity is suspected
- Your communications generate excessive complaints or opt-outs
- Required by law, court order, regulator, carrier, payment processor, or service provider
- Continued operation of the account may harm RxFlavor, its users, patients, or third parties
Where appropriate, we may provide notice and an opportunity to cure. Immediate suspension may occur where necessary to protect security, privacy, safety, or legal compliance.
Termination does not eliminate payment obligations incurred before termination.
Sections that by their nature should survive termination will remain effective, including intellectual property, fees, disclaimers, limitations of liability, indemnification, confidentiality, dispute provisions, and governing law.
31. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RECOMMENDATIONS, CONTENT, MATERIALS, COMMUNICATIONS, REPORTS, QR CODES, SOFTWARE, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
RXFLAVOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- TITLE
- NON-INFRINGEMENT
- ACCURACY
- RELIABILITY
- AVAILABILITY
- SECURITY
- CLINICAL APPROPRIATENESS
- REGULATORY COMPLIANCE
- PROFESSIONAL RESULTS
RXFLAVOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, OR SUITABLE FOR EVERY PHARMACY, PATIENT, MEDICATION, FORMULATION, OR USE CASE.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.
32. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RXFLAVOR AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS.
RXFLAVOR WILL NOT BE LIABLE FOR CLAIMS ARISING FROM OR RELATED TO:
- PHARMACY CLINICAL OR PROFESSIONAL DECISIONS
- COMPOUNDING, FORMULATION, INGREDIENT, OR FLAVOR SELECTION
- MEDICATION PREPARATION, DISPENSING, LABELING, COUNSELING, OR ADMINISTRATION
- PATIENT INJURY, ALLERGIC REACTION, ADVERSE EVENT, OR TREATMENT OUTCOME
- FAILURE TO REVIEW A RECOMMENDATION OR QUESTIONNAIRE RESPONSE
- UNAUTHORIZED OR UNLAWFUL ENTRY OF PATIENT INFORMATION
- FAILURE TO OBTAIN COMMUNICATION CONSENT
- THIRD-PARTY PROVIDERS, PRINTERS, CARRIERS, OR PAYMENT PROCESSORS
- LOST, DELAYED, OR UNDELIVERED COMMUNICATIONS
- OUTAGES, SECURITY EVENTS, OR EVENTS OUTSIDE RXFLAVOR’S REASONABLE CONTROL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RXFLAVOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNTS PAID BY THE APPLICABLE PHARMACY TO RXFLAVOR DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED U.S. DOLLARS
The limitation should not apply to liability that cannot legally be limited or excluded.
33. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless RxFlavor and its owners, officers, employees, contractors, affiliates, and service providers from claims, damages, losses, liabilities, penalties, judgments, costs, and reasonable attorneys’ fees arising out of or related to:
- Your use or misuse of the Services
- Your Customer Content
- Your violation of these Terms
- Your violation of law or another person’s rights
- Your pharmacy’s professional, clinical, compounding, dispensing, counseling, or administration decisions
- Your failure to obtain legally required consent
- Communications initiated through your account
- Information entered by your organization into RxFlavor
- Products or services provided by your pharmacy
- Misuse of your QR codes, public links, downloads, or printed materials
RxFlavor will provide reasonable notice of an indemnified claim and may participate in the defense. You may not settle a claim in a manner that admits wrongdoing by or imposes obligations on RxFlavor without RxFlavor’s written consent.
34. Force Majeure
Neither party will be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, transportation disruption, internet failure, utility failure, cloud outage, telecommunications failure, cyberattack, government action, supply shortage, or failure of third-party service providers.
This provision does not excuse payment obligations for Services already provided or products already ordered.
35. Export Controls and Sanctions
You may not use the Services in violation of United States export-control, trade-sanctions, or anti-boycott laws.
You represent that you are not prohibited from receiving the Services under applicable sanctions or restricted-party rules.
36. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Before filing a formal claim, the parties agree to attempt in good faith to resolve the dispute by written notice and informal discussion for at least 30 days.
Unless applicable law requires otherwise or a separate written agreement provides otherwise, any legal action arising out of or relating to these Terms or the Services must be brought in the state or federal courts located in the county in Texas where RxFlavor’s principal place of business is located.
Each party consents to the personal jurisdiction and venue of those courts.
37. Electronic Communications and Acceptance
You consent to receive agreements, notices, disclosures, receipts, and other communications electronically.
Electronic acceptance, including checking a box, creating an account, completing checkout, starting a trial, or continuing to use the Services after receiving notice of updated Terms, may constitute your electronic signature and agreement where permitted by law.
38. Changes to These Terms
RxFlavor may update these Terms to reflect changes to the Services, business practices, law, security requirements, or third-party providers.
The updated Terms will display a revised “Last updated” date.
For material changes, provide reasonable notice through email, the pharmacy dashboard, or another appropriate method.
Where required by law, obtain renewed affirmative acceptance.
Continued use after the effective date of properly disclosed changes constitutes acceptance of the revised Terms.
39. Assignment
You may not assign or transfer these Terms or your account without RxFlavor’s written consent.
RxFlavor may assign these Terms as part of a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the Services.
40. Severability
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
41. Waiver
A failure to enforce any provision is not a waiver of the right to enforce it later.
A waiver is effective only if made in writing by an authorized representative of the waiving party.
42. No Third-party Beneficiaries
These Terms do not create rights for any third party except where expressly stated.
43. Relationship of the Parties
The parties are independent contractors.
These Terms do not create an employment, agency, partnership, joint venture, franchise, fiduciary, pharmacist-patient, healthcare-provider, or professional relationship between RxFlavor and the pharmacy, its personnel, patients, or caregivers.
44. Order of Precedence
If the parties enter into additional written agreements, conflicts will be resolved in the following order unless the applicable document states otherwise:
1. An executed Business Associate Agreement, but only regarding protected health information 2. A signed enterprise agreement or order form 3. A product-specific written addendum 4. These Terms 5. Online plan descriptions and general website content
45. Entire Agreement
These Terms, the Privacy Policy, any applicable order form, any executed Business Associate Agreement, and any other expressly incorporated written agreement constitute the entire agreement concerning the Services and replace prior discussions or representations about the same subject.
Marketing statements do not modify these Terms unless included in an authorized written agreement.
46. Contact
Questions about these Terms may be sent through our Contact page.
RxFlavor contact: rxflavor.com/contact
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