Last updated: November 20, 2023
If you have a medical emergency, seek in-person emergency care immediately or dial 911. The Website is not appropriate for all medical conditions or concerns. This Agreement is subject to change as provided herein.
Your Relationship with Us
We make available to customers certain products and services sold or offered by Qyral or by third-party medical providers, pharmacies, or other vendors via our Website.
By accepting this Agreement, you acknowledge and agree that the Providers may send you messages, reports, and emails via the Website regarding your diagnosis and/or treatment. You understand and agree that Qyral is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Website. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Qyral nor the Providers will be responsible in any way and you will not hold Qyral, the Providers liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Providers.
Notice Regarding Your Financial Responsibility for Services
Qyral and the Providers are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Qyral nor the Providers may receive payment from such programs for the services or products provided to you by Qyral or the Providers. Further, to the extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Website typically precludes such services and products from being covered benefits under these programs. By choosing to use the Website, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the Website, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Website, and (2) neither you nor Qyral, the the Pharmacies, or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Website.
Subscription Products and Services
All services available for purchase through Qyral are offered on an automatically renewing subscription basis. Your payment method will be charged automatically every month until you cancel your subscription plan (the “Charges”). Our Weight Management services require an initial minimum subscription of 3 months. You may cancel your future Weight Management subscription by emailing email@example.com directly requesting a cancellation. Our Skincare services do not require an initial minimum subscription. You may cancel your future subscription at any time before your payment is processed via our Website or by emailing firstname.lastname@example.org directly requesting a cancellation. We and/or the Providers may, but are not required to, perform outreach to you from time to time via the Website to request updates to your information and to facilitate ongoing subscriptions.
Payment Default Policy
We recognize that unforeseen circumstances can occasionally lead to missed payments. If any payment is not received from the customer by any due date, the customer shall be considered delinquent. In the event of a customer’s delinquency, Qyral will send a first email notification (“Notice of Delinquency”) requesting that all unpaid amounts be actually received within 10 calendar days from the date of Notice of Delinquency. We will then send additional notifications, as outlined below. Default shall occur when consideration or performance due under this Agreement is not received or performed by the 10th day calendar after Notice of Delinquency was sent.
In the event of a missed payment:
- Notifications: Customers will receive an email Notice of Delinquency detailing the missed payment and providing steps to update their payment method. Our system will make up to 8 payment collection attempts every 2 days, each time accompanied by a notification. Customers will also receive a final warning email at the end of the 30 day grace period (defined below) prior to their account being handed over to a collection agency.
- Grace Period: Customers will have a grace period of 30 days from the date of Notice of Delinquency to make their account current.
- Communication: We are receptive to individual circumstances and advocate for open dialogue during this grace period. If a customer encounters genuine challenges leading to the default, they should contact our Customer Support team to discuss potential alternative payment solutions.
- Collection Agency: If a customer account remains unsettled post the 30-day grace period and no mutual agreement is in place, the account will be handed over to a collection agency. Any additional fees imposed by the collection agency will be the customer’s responsibility and will be added to the defaulted amount.
In order to simplify your experience through the Website, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase required a consultation with a Provider, includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amounts charged for use of the Website, as well as amounts charged by the Pharmacy for the prescription drug and the amount charged for the services of the Provider, as applicable, which amounts are collected on behalf of and paid to the Pharmacies and Providers, respectively.
Certain products available through the Website require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Website (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Website or emailing email@example.com. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
Some prescriptions are not available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of the Website.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the applicable Pharmacy and the costs associated with the prescription are included in the total charged to you by the Website as described in the “Subscription Products and Services” section above. If you fill a prescription with a pharmacy other than the Pharmacies, the Website will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
Prescription products available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement.
Consent to Use of Telehealth Services
Telehealth involves the delivery of health and mental health care services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health and mental health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Website, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Website. You agree that Qyral is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Website) to enable use of the Website, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Website. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Website. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Website at any time without prior notice.
Protected Health Information
The Providers have adopted a Telehealth Consent that describes how they use and disclose Protected Information. By accessing or using any part of the Website, you are acknowledging receipt of the Notice of Privacy Practices.
Terms of Sale
All products offered for sale by Qyral are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Website. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Website. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.
If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Website, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Qyral without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Website, sellers on the Website) for the purpose of facilitating the transaction.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Website, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy Customer issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each Customer.
Our Website is currently only available to individuals who are located in states in which we offer the Website, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are located in the states in which we offer the Website and are between the ages of 13 and 18 may use the Website for the sole purpose of obtaining topical skincare products (to the extent available through the Website) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Website. By visiting, accessing, registering with or using the Website, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (2) at least thirteen (13) years of age, have obtained consent from your parent or legal guardian to use the Website, and will use the Website for the sole purpose of obtaining topical skincare products (with a medical consultation as required by the Website), (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Website by such minor, (c) representing and warranting to us that when you use the Website to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (e) agreeing that you will only use the Website for lawful purposes. Our Website is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Website are subject to additional age restrictions, and not all products or services are available to all ages.
In some cases, the Website may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Website. In such a case, you may receive notification that you will be unable to use the Website for the particular issue you submitted with additional information regarding next steps.
Code of Conduct
You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Customer Account or any other breach of security by emailing firstname.lastname@example.org. It is your responsibility to logout from your account when you are not actively using it, to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password. You may not use anyone else’s account at any time. Company is not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.
Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
No Guarantee or Warranty: We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.
We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the Website Content. The Website is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.
We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.
No Legal Claims, Warranties or Advice: The Website neither offers nor constitutes legal advice or counsel. The Company makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state or other laws or regulations. We do not provide any legal representation or certification that any given individual has any given right or obligation under relevant laws. We cannot guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take. There is no guarantee that any third party will accord the user any right or courtesy. Please also see Limitation of Liability, below.
Limitation of Liability
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.
Assumption of Risks; Indemnification
You understand, acknowledge, and freely assume all risks, including physical and mental health risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If Company believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Company will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Company will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at email@example.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide the Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the Customer Accounts of Customers who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Practitioners, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.
Third-Party Goods and Services
No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers, including the Pharmacies and Providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Customers on this Website are those of such third-party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
Third-Party Goods and Services
Parties other than Qyral, including Pharmacies and Providers, provide services or sell products through the Website (collectively, “Third-Parties”), and Qyral may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Website and disclosing personal information.
You agree that Qyral shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Website, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other Customer or any other entity or individual, you understand and agree that Qyral is under no obligation to become involved in such dispute, and you hereby release and indemnify Qyral, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Qyral Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Website or the features and services therein. \
Certain of Qyral’s shareholders, directors, officers, employees, contractors or agents (collectively, “Qyral Owners and Personnel”) may have a financial interest in one or more Third-Parties and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
CAN-SPAM ACT Compliance: We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at firstname.lastname@example.org . You can click to unsubscribe or opt-out of email communications from Company at any time. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.
Export: You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company’s waiver of any right shall not constitute a waiver of that or any other right in the future.
Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between you and Qyral, the Providers, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Qyral may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Qyral or to a third party in the event that some or all of the business of Qyral is transferred to such other third party by way of merger, sale of its assets or otherwise.
If you have any questions or concerns about this Agreement, please contact us by email at email@example.com. We will attempt to respond to your questions or concerns promptly after we receive them.