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Terms of Service

Last Updated: February 4, 2025

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 is a workflow automation tool and does NOT provide medical advice. All clinical decisions remain the sole responsibility of the licensed healthcare provider.

1. Acceptance of Terms

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.

2. Description of Services

RufusRx provides a prescription refill workflow automation platform that:

  • Allows healthcare providers to define clinical protocols and rules for prescription refill requests
  • Evaluates incoming refill requests against provider-defined rules
  • Automatically processes requests that meet defined criteria
  • Flags requests that require physician review
  • Maintains audit trails of all decisions

Nature of Services: RufusRx is a rules-based workflow automation tool. It executes logic defined by the healthcare provider. RufusRx does not create rules, make independent clinical judgments, or provide medical recommendations.

3. Eligibility and Account Registration

3.1 Eligibility

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 a licensed healthcare provider or authorized staff acting under the supervision of a licensed provider
  • You have the legal authority to prescribe medications (if applicable)
  • You are at least 18 years of age
  • Your use complies with all applicable laws and regulations

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breach
  • Ensuring that only authorized personnel access the Services

4. Clinical Responsibility and Medical Disclaimer

CRITICAL DISCLAIMER — PLEASE READ:

4.1 Not Medical Advice

RufusRx is NOT a medical device, does NOT provide medical advice, and does NOT make clinical decisions. The Services are workflow automation tools that execute rules defined entirely by the healthcare provider.

4.2 Physician Responsibility

THE HEALTHCARE PROVIDER RETAINS FULL AND SOLE RESPONSIBILITY FOR:

  • All clinical decisions regarding patient care
  • The accuracy and appropriateness of all protocols and rules entered into the system
  • Reviewing all flagged refill requests
  • Overriding automated decisions when clinically appropriate
  • Ensuring patient safety at all times
  • Complying with all applicable laws, regulations, and professional standards
  • Maintaining appropriate professional liability insurance

4.3 No Substitution for Clinical Judgment

The Services are designed to assist, not replace, clinical judgment. You must independently evaluate each patient's condition and needs. Automated processing of a refill request by RufusRx does not constitute medical approval, endorsement, or recommendation.

4.4 Controlled Substances

RufusRx automatically flags controlled substance refill requests (Schedule II-V) for physician review. However, the healthcare provider is solely responsible for compliance with all DEA regulations, state prescription monitoring program requirements, and controlled substance laws.

5. HIPAA Compliance and Business Associate Agreement

5.1 Business Associate Status

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).

5.2 Covered Entity Obligations

As a Covered Entity, you are responsible for:

  • Obtaining any required patient authorizations
  • Providing appropriate notice to patients regarding use of the Services
  • Ensuring your use of the Services complies with HIPAA requirements
  • Reporting any suspected security incidents promptly

5.3 Security Obligations

You agree to implement appropriate administrative, physical, and technical safeguards to protect access to the Services, including using strong passwords, enabling multi-factor authentication, and restricting access to authorized personnel.

6. Acceptable Use

6.1 Permitted Use

You may use the Services only for lawful purposes related to your healthcare practice and in accordance with these Terms.

6.2 Prohibited Conduct

You agree NOT to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation
  • Submit false, inaccurate, or misleading information
  • Create protocols that violate laws, professional standards, or patient safety
  • Attempt to bypass, disable, or circumvent any security features
  • Access or attempt to access another user's account
  • Use the Services to transmit malware, viruses, or harmful code
  • Reverse engineer, decompile, or disassemble any part of the Services
  • Resell, sublicense, or provide access to the Services to unauthorized parties
  • Use the Services in any manner that could damage, disable, or impair the Services

7. Fees and Payment

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.

8. Intellectual Property

8.1 Our Intellectual Property

RufusRx and its licensors own all rights, title, and interest in the Services, including all software, algorithms, interfaces, documentation, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose.

8.2 Your Content

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.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Services, we may use such feedback without obligation to you.

9. Disclaimers

9.1 "As Is" Basis

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.

9.2 No Guarantee

We do not warrant that:

  • The Services will meet your specific requirements
  • The Services will be uninterrupted, timely, secure, or error-free
  • Results obtained from the Services will be accurate or reliable
  • Any errors will be corrected

9.3 Third-Party Integrations

The Services may integrate with third-party systems (e.g., EHRs). We are not responsible for the availability, accuracy, or performance of third-party systems.

10. Limitation of Liability

IMPORTANT LIMITATION:

10.1 Exclusion of Damages

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:

  • Loss of profits, revenue, or data
  • Patient injury or harm
  • Malpractice claims
  • Regulatory penalties or fines
  • Business interruption
  • Cost of substitute services

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.

10.2 Cap on Liability

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).

10.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

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:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your protocols, rules, or clinical decisions
  • Any claim that your use of the Services caused injury to a patient
  • Your violation of any third-party rights

12. Term and Termination

12.1 Term

These Terms remain in effect until terminated by either party.

12.2 Termination by You

You may terminate your account at any time by contacting us. Termination does not entitle you to a refund of any prepaid fees.

12.3 Termination by Us

We may suspend or terminate your access to the Services immediately if:

  • You breach these Terms
  • We are required to do so by law
  • We reasonably believe your use poses a security risk
  • You fail to pay applicable fees

12.4 Effect of Termination

Upon termination:

  • Your right to access the Services immediately ceases
  • We will handle your data in accordance with our Privacy Policy and any applicable BAA
  • Sections that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will survive termination

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Arbitration

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.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.

14. General Provisions

14.1 Entire Agreement

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.

14.2 Modifications

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.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

14.5 Assignment

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.

14.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to [email protected].

15. Contact Information

For questions about these Terms, please contact us:

RufusRx
Email: [email protected]
General Inquiries: