IMPORTANT — READ CAREFULLY: These Terms of Service constitute a legally binding agreement. By accessing or using RufusRx, you agree to be bound by these terms. RufusRx does not approve, deny, sign, or transmit any prescription. It annotates refill requests and routes them; the prescriber makes every decision and completes every approval.
These Terms of Service ("Terms") govern your access to and use of RufusRx's website, platform, software, and related services (collectively, the "Services") provided by RufusRx ("Company," "we," "us," or "our").
By accessing or using the Services, you ("User," "you," or "your") agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not access or use the Services.
RufusRx is clinical decision support software. It reads prescription refill requests and the associated chart data from your Electronic Health Record ("EHR"), evaluates them against deterministic rules that you author, and writes an annotation onto each request describing the result.
For each refill request, the Services:
WHAT THE SERVICES DO NOT DO. The Services do not approve a refill request; do not deny a refill request; do not sign, authorize, or apply any electronic signature to a prescription; do not transmit any prescription to a pharmacy; and do not take any action within your EHR that dispenses, issues, or renews a prescription. Every refill request continues to require your review and your own approval action inside your EHR. A "pre-cleared" designation is a statement that your own stated criteria were met. It is a recommendation for your consideration and nothing more.
Nature of the Services: RufusRx executes rules you define. It does not author protocols, exercise clinical judgment, generate treatment recommendations of its own, or apply any criteria you have not specified. Identical inputs produce identical outputs, and every output identifies the rule that produced it.
The Services are designed to operate as clinical decision support that is not a medical device, consistent with section 520(o)(1)(E) of the Federal Food, Drug, and Cosmetic Act as amended by the 21st Century Cures Act. The Services display the basis for every recommendation — the specific rule and the specific chart data — so that you can independently review that basis and need not rely primarily on the Services to make a clinical decision. Your independent review of each request is an essential condition of this design. Nothing in these Terms is a representation that any particular regulatory classification applies to your use.
The Services are intended for use by licensed healthcare providers and their authorized staff in the United States. By using the Services, you represent that:
You are responsible for:
CRITICAL DISCLAIMER — PLEASE READ:
RufusRx is not a substitute for clinical judgment and does not provide medical advice, diagnosis, or treatment. The Services apply rules defined entirely by you and present the result for your review.
THE HEALTHCARE PROVIDER RETAINS FULL AND SOLE RESPONSIBILITY FOR:
The Services are designed to reduce chart-review effort, not to reduce clinical scrutiny. You must independently evaluate each patient's condition and needs before approving any refill.
A "pre-cleared" annotation is not medical approval, endorsement, or clinical recommendation. It means only that the deterministic rules you authored were satisfied by the chart data available at the time of evaluation. It does not indicate that a refill is clinically appropriate, and it does not relieve you of the obligation to review the request before approving it. Your approval action within your EHR is the sole act that authorizes a refill, and it constitutes your independent professional judgment.
The Services never mark a controlled substance refill request (Schedule II–V) as pre-cleared. Such requests are always flagged for your review. You remain solely responsible for compliance with all DEA regulations, state prescription drug monitoring program requirements, and controlled substance laws.
The Services evaluate the rules you supply against the data your EHR returns. We do not verify that your protocols are clinically sound, and we do not verify that the chart data is accurate, complete, or current. A rule that is wrong, or chart data that is missing or stale, will produce a recommendation that is wrong. Reviewing the annotation — which states the rule and the data it relied on — is how you catch this, and doing so is your responsibility.
When RufusRx processes Protected Health Information ("PHI") on your behalf, we act as a Business Associate under HIPAA. Use of the Services for processing PHI requires execution of our Business Associate Agreement ("BAA"). In the event of any conflict between these Terms and the BAA with respect to PHI, the BAA controls.
As a Covered Entity, you are responsible for:
You agree to implement appropriate administrative, physical, and technical safeguards to protect access to the Services, including using strong passwords, enabling multi-factor authentication where offered, and restricting access to authorized personnel.
You may use the Services only for lawful purposes related to your healthcare practice and in accordance with these Terms.
You agree NOT to:
Fees for the Services will be specified in a separate Order Form or subscription agreement. By subscribing to the Services, you agree to pay all applicable fees. Fees are non-refundable except as expressly stated in the Order Form or required by law.
RufusRx and its licensors own all rights, title, and interest in the Services, including all software, rule engines, interfaces, documentation, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose.
You retain ownership of the protocols, rules, and other content you create in the Services ("Your Content"). You grant us a limited license to use Your Content solely to provide the Services to you.
If you provide suggestions, ideas, or feedback about the Services, we may use such feedback without obligation to you.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
We do not warrant that:
The Services integrate with third-party systems, including EHRs. We are not responsible for the availability, accuracy, completeness, or performance of those systems, or for chart data they return or fail to return.
IMPORTANT LIMITATION:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUFUSRX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless RufusRx, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
These Terms remain in effect until terminated by either party.
You may terminate your account at any time by contacting us. Termination does not entitle you to a refund of any prepaid fees.
We may suspend or terminate your access to the Services immediately if:
Upon termination:
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any dispute arising from these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.
These Terms, together with our Privacy Policy, BAA (if applicable), and any Order Forms, constitute the entire agreement between you and RufusRx regarding the Services.
We may modify these Terms at any time. We will provide notice of material changes via email or through the Services. Your continued use after such notice constitutes acceptance of the modified Terms.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@rufusrx.com.
For questions about these Terms, please contact us:
RufusRx
Email: legal@rufusrx.com
General Inquiries: vincent@rufusrx.com