Terms of Service

1. What Dispense Flow is, and is not

Dispense Flow is software. It provides a website and storefront builder, medical intake tools, payments and subscription tooling, and connections to independent licensed providers and licensed pharmacies.

Dispense Flow is not a healthcare provider, pharmacy, or medical group, and does not practice medicine, prescribe, dispense or give medical advice. All clinical decisions are made by independent licensed providers, and all dispensing is done by licensed pharmacies, each under their own agreements, licenses and professional judgment. Nothing on the platform creates a provider-patient relationship with us.

2. Eligibility and accounts

You must be at least 18, able to form a binding contract, and using the Services for business purposes. You are responsible for your login credentials, for everyone who uses your account, and for keeping your account information accurate. Tell us immediately at security@dispenseflow.com if you suspect unauthorized use.

3. Your responsibilities and compliance

You are the operator of your brand and the merchant of record for what you sell. You are solely responsible for:

• Holding every license, registration and permit your business needs in every state where you operate or ship, and structuring your business to comply with corporate practice of medicine and fee-splitting rules.
• Complying with federal and state telehealth, pharmacy, compounding, controlled-substance (including the Ryan Haight Act), FDA, and consumer protection laws.
• Truthful, substantiated advertising under FTC rules and state law, including claims about medications, results, pricing and "before and after" imagery, and obtaining any certification your ad platforms require, such as LegitScript.
• Your patients: informed consent, privacy notices, records, continuity of care, refunds, disputes and chargebacks.
• Consent for email and SMS under CAN-SPAM, TCPA and state law, with working unsubscribe mechanisms.
• The accessibility of your storefront to people with disabilities under the ADA, Section 508 where it applies, state law and WCAG, and reviewing every page you publish, whether or not our review tools flag anything.
• Paying all fees owed to providers, pharmacies, payment processors and tax authorities, and collecting and remitting taxes where required.

We may ask for evidence of licensure or compliance and may suspend a storefront while we review it.

4. Provider network and pharmacy partners

Providers and pharmacies available through the platform are independent third parties. Their fees, terms, service levels, formularies and state coverage are theirs and may change. We do not guarantee that any provider or pharmacy will accept, approve or fill any order. Where a provider or pharmacy contracts with you directly, that contract governs your relationship with them.

5. Plans, fees and billing

• Plans and prices are listed on our pricing page: Starter, White Label and Enterprise. Enterprise terms are set in a separate order form.
• Plans are billed monthly in advance to the payment method on file and renew automatically each month until cancelled. No platform fee is charged on orders processed through the Service. There is no per-order fee, per-prescription fee, per-query fee, setup fee or revenue share on published plans.
• New accounts get a 14-day free trial. If you do not cancel before the trial ends, the plan you selected starts billing.
• You may cancel at any time from the dashboard. Cancellation takes effect at the end of the current billing month. Fees are non-refundable and we do not prorate partial months, except where the law requires.
• Payment processing fees are charged by your processor under its own terms. Provider and pharmacy charges are separate from our fees.
• We may change prices with at least 30 days' notice by email; the change applies from your next billing month after the notice period. Overdue amounts may lead to suspension after notice.
• Prices exclude taxes. You are responsible for any sales, use, VAT or similar tax, except taxes on our income.

6. Content and intellectual property

Your content. You own the text, images, products, questionnaires and other material you upload or create ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, display and process Customer Content as needed to run the Services and as you direct. You are responsible for having the rights to everything you upload.

AI-generated output. Pages, copy and designs the AI builder generates for you are yours to use as part of your Customer Content. Output may not be unique to you and may resemble output generated for others. You must review output for accuracy and compliance before publishing; it is a draft, not legal, medical or regulatory advice.

Our platform. Dispense Flow, its software, themes, designs, documentation and trademarks are owned by us and our licensors. You get a limited, revocable, non-transferable right to use them as part of the Services. You may not copy, modify, reverse engineer, resell or build a competing product from them, or remove our branding except as your plan allows.

Feedback you give us may be used without restriction or payment.

Copyright complaints. Send DMCA notices to legal@dispenseflow.com with the information required by 17 U.S.C. § 512(c)(3). We terminate repeat infringers.

7. Customer data and patient data

Data about your business, staff and account is handled under our Privacy Policy. Patient data is PHI controlled by you and handled under the BAA; we use it only to provide the Services and as you instruct. You can export your data from the dashboard at any time and for 30 days after termination, after which we delete or de-identify it except where retention is legally required.

8. Acceptable use

You must follow the Acceptable Use Policy, which is part of these Terms. We may remove content or suspend accounts that violate it, and we may report unlawful activity to authorities.

9. Third-party services

Integrations such as advertising, analytics, CRM, messaging and payment gateways are provided by third parties under their own terms. Enabling one authorizes us to exchange data with it on your behalf. We are not responsible for third-party services, their availability or their handling of your data.

9A. Review tools: compliance and accessibility checks

The dashboard includes checks that read the words and images you put on your storefront and flag what they can see: missing image descriptions, heading structure, copy that reads as a medical claim, missing safety information, missing policy links and similar items (the "Review Tools"). They are a convenience to help you find obvious problems before you publish.

The Review Tools are automated and limited. They cannot test your store with assistive technology, read an uploaded document, judge whether a claim is substantiated or a testimonial is genuine, assess your business model, or know the law in every state where you sell. They do not check your custom code, your AI-only pages beyond what the platform reads, or anything outside the storefront. We may change what they check at any time.

A result from the Review Tools, including a result that reports no findings, is not an audit, an approval, a certification, a conformance statement or legal advice. It does not mean your storefront complies with the Americans with Disabilities Act, Section 508, WCAG at any level, FTC or state advertising rules, telehealth, pharmacy or controlled-substance law, HIPAA, or the rules of any payment processor or advertising platform.

You remain solely responsible for reviewing and verifying your storefront, with your own counsel and your own testing, before and after you publish, and for any claim, complaint, demand letter, fine or loss relating to the accessibility or compliance of your storefront. By opening or relying on the Review Tools you accept these limits. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY FOR ANYTHING THE REVIEW TOOLS FAIL TO FLAG, FLAG INCORRECTLY OR REPORT AS PASSING, AND THE DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY IN SECTIONS 13 TO 15 APPLY TO THE REVIEW TOOLS AND TO YOUR STOREFRONT'S ACCESSIBILITY AND COMPLIANCE.

10. Beta and preview features

We may offer features labeled beta, preview or early access. They may change or be withdrawn without notice, are provided without warranty, and may not be suitable for production use.

11. Confidentiality

Each party will protect the other's non-public business information with reasonable care, use it only for this agreement, and disclose it only to people who need it and are bound to confidentiality, or as required by law with notice where permitted. This does not limit the BAA, which governs PHI.

12. Suspension and termination

You may terminate by cancelling your plan. We may suspend or terminate your account with notice if you breach these Terms, fail to pay, present a legal or security risk, or if a provider, pharmacy or processor withdraws service to you. We may terminate for convenience with 30 days' notice.

On termination your storefront goes offline. You remain responsible for continuity of care for your patients, including notice to them and refills in progress, and for fees accrued. Sections that by their nature should survive (payment, IP, data, disclaimers, liability, indemnity, disputes) survive.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY PROVIDER OR PHARMACY WILL SERVE YOU, THAT AI OUTPUT WILL BE ACCURATE, THAT THE REVIEW TOOLS WILL IDENTIFY EVERY ACCESSIBILITY OR COMPLIANCE ISSUE, OR THAT USING THE SERVICES WILL MAKE YOUR BUSINESS OR YOUR STOREFRONT COMPLIANT WITH ANY LAW, INCLUDING THE ADA AND WCAG.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR GOODWILL, HOWEVER CAUSED. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICES IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS, BREACH OF CONFIDENTIALITY, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

15. Indemnification

You will defend, indemnify and hold harmless Dispense Flow and its members, officers, employees and agents from claims, damages, fines and costs (including reasonable attorneys' fees) arising from your Customer Content, your products and patients, your breach of these Terms or the law, your relationships with providers, pharmacies and processors, or your infringement of anyone's rights. We will defend you against third-party claims that the platform, as provided by us and used as permitted, infringes a US patent, copyright or trademark, and pay resulting damages, provided you notify us promptly and let us control the defense.

16. Dispute resolution and arbitration

Before filing a claim, each party agrees to send written notice to the other and try to resolve it informally for 30 days.

Any dispute not resolved informally will be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before one arbitrator, in Los Angeles County, California, or by video where the rules allow. Either party may instead bring qualifying claims in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Class action waiver. Disputes will be resolved only on an individual basis. Neither party may bring or participate in a class, collective or representative action. If this waiver is found unenforceable for a claim, that claim will proceed in court, not arbitration.

You may opt out of arbitration by emailing legal@dispenseflow.com within 30 days of first accepting these Terms.

17. Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and the Federal Arbitration Act governs the arbitration clause. Subject to Section 16, the state and federal courts in Los Angeles County, California have exclusive jurisdiction.

18. General

• These Terms, the policies they reference, and any order form are the entire agreement and replace prior discussions. If an order form conflicts with these Terms, the order form controls for that customer.
• We may update these Terms. Material changes take effect 30 days after we notify you by email or in the dashboard; other changes take effect when posted. Continued use after that is acceptance.
• If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
• Neither party is liable for delays caused by events beyond its reasonable control.
• Notices to us go to Dispense Flow, 9461 Charleville Blvd #1235, Beverly Hills, CA 90212, United States, with a copy by email to l@dispenseflow.com. Either party may update its notice address by written notice. Notices to you go to the email on your account.
• Claims must be brought within one year of arising, where the law allows.

19. Assignment

You may not assign or transfer this Agreement, or any rights or obligations under it, without our prior written consent. We may assign or transfer this Agreement, in whole or in part, without your consent, to any affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of the assets or business to which this Agreement relates, provided the assignee assumes our obligations under this Agreement. We will notify you of any such assignment by email or by a notice in the Services. This Agreement binds and benefits the parties and their permitted successors and assigns.

20. Changes to the Operating Entity

The Services are currently operated by You First Agency, LLC, doing business as Dispense Flow. We may transfer operation of the Services to an affiliate or successor entity. When we do, that entity becomes the party to these Terms, and we will update the entity name and contact information here.

Contact

Dispense Flow
9461 Charleville Blvd #1235, Beverly Hills, CA 90212
legal@dispenseflow.com