UniquelyMe Terms of Service

Last updated: June 6, 2024

These Terms of Service ("Terms") govern your access to and use of the UniquelyMe, Inc. ("UniquelyMe") website (https://uniquely.me/), the UniquelyMe mobile applications, and services that facilitate access to women's health services provided by physicians contracted with or employed by affiliated physician practices ("Physicians"). This includes ordering prescription medications and other products from UniquelyMe's affiliated pharmacies and pharmacy partners, and payment for these services (collectively, the "Services"). Supplemental terms applicable to Physicians can be found in Section 13 of these Terms. By visiting the Website, registering, or using the Services, you ("you" or "your") agree to be legally bound by these Terms, UniquelyMe’s Privacy Policy, and UniquelyMe’s Informed Consent (collectively, the "Agreement"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.

SECTION 1: BASIC TERMS

UniquelyMe functions as a technology platform connecting registered users with Physicians and pharmacies for medical consultations and the dispensing of medications. UniquelyMe is not a healthcare provider or pharmacy and does not offer medical advice, treatment recommendations, or pharmacy services. By using the Services, you acknowledge that you are not entering into a physician-patient relationship with UniquelyMe, and UniquelyMe is not responsible for any advice, medical care, or treatment provided by Physicians or pharmacies affiliated with UniquelyMe ("Pharmacies").

Physicians employed or contracted with MySpecialtyDoc of California, P.C. (the "Medical Practice") provide specific medical consultations through the Website. UniquelyMe does not control MySpecialtyDoc or its Physicians. The content of the Website and Services, including text, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, or treatment.

You are responsible for ensuring that any information you provide to UniquelyMe or a treating Physician is accurate and complete. UniquelyMe will not be liable for any damages or losses resulting from untruthful, inaccurate, or incomplete information. The Services are not a substitute for in-person treatment or advice from your primary care physician or other healthcare providers. If you are experiencing a medical emergency, please dial 911 or go to the emergency room immediately.

SECTION 2: ELIGIBILITY TO USE THE SERVICES

The Services are available in all states. You are responsible for your use of the Services and any consequences thereof. You may use the Services only if you can form a binding contract with UniquelyMe and are not barred from accessing the Services under U.S. or other applicable laws. The Services are not available to individuals under 18. You must comply with these Terms and all applicable laws.

The Services may change or evolve without prior notice. UniquelyMe may temporarily or permanently stop providing the Services or any features within them without prior notice. UniquelyMe may create limits on use of the Services or storage of information at its discretion without prior notice.

The Services may include advertisements. By using the Services, you agree that UniquelyMe and its partners may place advertising on the Services.

SECTION 3: REGISTERING FOR AN ACCOUNT

To use the Services, you must create a user account by registering through the Website and providing accurate and complete information, including completing an adaptive interview about your health conditions and symptoms ("Registration"). You must keep your Registration accurate and complete.

Upon completing your Registration, you may consult with a Physician through the Website and, if medically indicated, place orders for products. Some products require a prescription, while others do not. A Physician licensed in your state will review your Registration, diagnose, determine the medical appropriateness of any products you wish to order, and, if appropriate, issue a prescription. Issuance of a prescription is not guaranteed. You may request a different Physician. Orders requiring a prescription will not be accepted until a Physician provides a consultation, evaluates the clinical appropriateness, and issues a prescription if needed. Prescriptions will not be for DEA-controlled substances. If a prescription is not issued, UniquelyMe will decline your order and return your payment. If you prefer to fill your prescription at a different pharmacy, you will be responsible for picking up and paying for it. Products that do not require a prescription can be purchased following Registration. Prescriptions filled by the Pharmacy will be shipped to you, with shipping costs included in your Subscription Fee. Pharmaceutical products cannot be returned. UniquelyMe does not endorse specific medications, pharmacies, or physicians.

SECTION 4: PAYMENT FOR THE SERVICES

Some products require a monthly subscription fee ("Subscription Fee") that covers the cost of lab tests, Physician consultations, prescriptions filled by the Pharmacy, shipping and handling, a platform fee, and applicable taxes. Non-prescription products can be purchased at indicated prices without a subscription. All fees for the physician consult will be charged separately by MySpecialtyDoc.

By entering your payment information and submitting your request, you authorize UniquelyMe and its payment processors to charge the amount due. Healthcare and pharmacy services not available through the Website are not included in payments collected by UniquelyMe. Subscription Fees may change if your prescription changes. You may cancel your subscription anytime through your account page, with cancellation requests needing to be received two full calendar days before the next shipping date. Cancellation requests received after that will be processed before the following shipping date.

Federal and state healthcare programs do not cover or pay for the Services. No claims for reimbursement will be submitted on your behalf. You are solely responsible for the cost of any services or products provided to you.

SECTION 5: PRIVACY & CONSENT

Any information you provide to UniquelyMe is subject to our Privacy Policy, governing the transfer and use of this information. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Policy. By accepting these terms, you are consenting to receive general messages including certain communications necessary for providing the Services and managing your account.  In addition you are consenting to receive marketing messages from the Company and the Company's partners.  Should you wish to revoke consent to receive any of these messages, you will have the right to do so by notifying the Company.  

SECTION 6: PASSWORDS

You are responsible for safeguarding your password and other credentials used to access your UniquelyMe account. We recommend using strong passwords. UniquelyMe is not liable for any loss or damage from your failure to comply with these requirements. Notify us immediately of any breach of security or unauthorized use of your account.

SECTION 7: CONTENT REGARDING THE SERVICES

UniquelyMe does not verify the accuracy of information provided by third parties on the Services. Any reliance on such information is at your own risk. The Services may contain offensive or harmful content, and UniquelyMe is not liable for any such content.

You agree not to transmit any content that is harassing, misleading, violates third-party rights, threatens violence, violates contractual obligations, furthers illegal activities, or is abusive or spam.

SECTION 8: UNIQUELYME’S RIGHTS

UniquelyMe grants you a limited, non-exclusive license to access and use the Services. UniquelyMe retains ownership of the Website and all related intellectual property rights. Feedback, comments, or suggestions you provide may be used by UniquelyMe without obligation to you.

SECTION 9: RESTRICTIONS ON USE OF THE SERVICES

UniquelyMe may suspend or terminate users or reclaim usernames at its discretion. You may not access, tamper with, or use non-public areas of the Services, probe or breach security measures, access or search the Services by unauthorized means, forge headers, interfere with access to the Services, or create an undue burden on the Services.

SECTION 10: ENDING THESE TERMS

You may terminate your Agreement with UniquelyMe at any time by deactivating your account and discontinuing use of the Services. UniquelyMe may suspend or terminate your account or cease providing Services at any time for any reason. Upon termination, certain sections of these Terms will survive.

SECTION 11: DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY

The Services are provided "AS IS" and "AS AVAILABLE." UniquelyMe disclaims all warranties and is not liable for any actions of users, completeness, accuracy, availability, security, reliability of the Services, harm to your computer, loss of data, or other damages.

UniquelyMe is not liable for any indirect, incidental, special, consequential, or punitive damages or any loss of profits or revenues.

You agree to indemnify and hold UniquelyMe harmless from any claims arising from your use of the Services.

SECTION 12: MISCELLANEOUS TERMS

Waiver and Severability: UniquelyMe’s failure to enforce any right or provision is not a waiver of such right or provision. If any provision is held invalid, the remaining provisions remain in full force and effect.

Controlling Law and Jurisdiction: These Terms are governed by Arizona law. All claims will be brought in courts in Maricopa County, Arizona. You agree to bring claims on an individual basis, not as part of a class action.

Entire Agreement: These Terms, the Privacy Policy, and Informed Consent constitute the entire agreement between you and UniquelyMe regarding the Services.

Assignment: These Terms are personal to you and not assignable without UniquelyMe’s consent. UniquelyMe may assign its rights and obligations without your consent.

SECTION 13: SUPPLEMENTAL TERMS APPLICABLE TO PHYSICIANS

Physicians must be licensed and comply with all applicable laws. Your relationship with UniquelyMe users is between you and the users. UniquelyMe is not liable for any medical advice, legal advice, or compliance issues. Physicians must defend, indemnify, and hold UniquelyMe harmless from any claims arising from their use of the Services.

If you have any questions about these Terms, please contact us.