Term of Service

Terms of Service

These terms and conditions (“Terms”) govern your access to and use of the Fit Formulation website (the “Service”) operated by Amazing Well RX. Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Privacy Policy

Your use of the Service is also subject to our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.

2. Modification and Termination of Rights

Amazing Well RX may suspend or terminate any of the rights granted by these Terms and your access to Amazing Well RX with or without prior notice, at any time, and for any reason, including, but not limited to, a belief that your conduct or your use of Amazing Well RX violates applicable laws or is harmful to the interests of Amazing Well RX, its affiliated professionals, or any other users.

Amazing Well RX may place limits on, modify, suspend, or terminate the Services generally, and may suspend or terminate your use of the Services if you fail to comply with this Agreement in accordance with Amazing Well RX’s internal policies. This suspension or termination may delete your information, files, and other previously available content. If Amazing Well RX terminates the Services or your use of the Services, this Agreement will also terminate, but the following sections; Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver; shall continue to be effective after this Agreement is terminated.

Amazing Well RX reserves the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms regularly to determine what changes have been made, if any. You can determine when the Terms were last revised by referring to the “Last Modified” field at the beginning of this Agreement. If you use the Sites after the amended Terms have been posted, you will be deemed to have agreed to the Terms as amended. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of Amazing Well RX.

3. Eligibility

In order to use Amazing Well RX Service by way of the Sites, the following must be true:

• You are at least 18 years of age.
• You live in the United States and in a state or territory where the Services are available.
• You agree to be legally bound by and comply with these Terms of Service.
• You have compatible computing or mobile devices, access to the Internet, and certain necessary software to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Sites. In addition to the above requirements, Amazing Well RX and its affiliated professional entities reserve the right to change or include new requirements, as deemed appropriate in their sole discretion, without providing prior notice to you.

4. Availability

Amazing Well RX Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. Amazing Well RX Services are currently available to eligible individuals located in certain states. For a list of the states where Amazing Well RX Service is currently available, please click here.

5. Registration, User Accounts, and User Data

You must provide accurate and complete registration information at any time you register to enroll in Amazing Well RX Service. It is your responsibility to provide true, accurate, and complete email address, physical mailing address, and other information related to the service you request, and to maintain and promptly update any and all changes to this information.

Upon registration of an account, the Sites may contain fields that allow you to enter and transmit your user information or data (“User Data”) through the Sites. You understand and agree that any User Data provided by you may be used, copied, or displayed by Amazing Well RX. Amazing Well RX may create derivative works of any such data and provide such data to our service providers, our successors and assigns, any medical providers, and their affiliated professional entities, in performance of the Services.

You grant Amazing Well RX, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any User Data you submit on or through the Sites for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Amazing Well RX Service using such data.

6. Your Protected Health Information or “PHI”

You understand and agree that the Sites are intended to facilitate Amazing Well RX Service (“Service” or “Services”) by assisting with (a) the development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating fulfillment and payment for prescription medications ordered or prescribed by medical providers performing Healthcare Services; and (d) telecommunications and technology support for using the Sites as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

Although Amazing Well RX is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you understand that Amazing Well RX Service gathers unique information from you to enable a medical provider to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location, and demographic information) (collectively, “Your Information”). This information may be certain medical information that may be protected under applicable laws.

As such, you give your consent to Amazing Well RX to send and disclose to the affiliated professional entities and their medical providers all of your Information so that you may receive Amazing Well RX Services. Further, you consent to the delivery of your Information to affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of the coordination of desired fulfillment and payment for diagnostic testing, prescription medications, and medical services recommended as part of the Healthcare Services.

By using the Service, you further agree that any information that you submit that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies or laboratory services by the Labs, is not considered Protected Information and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

7. Limited Healthcare Services

Although you may receive medical consultations and prescriptions through the Amazing Well RX Service membership, Amazing Well RX, Inc. does not provide medical advice. Creating an account on the Fit Formulation web or mobile site does not establish a patient-provider relationship. The Platform is designed for specific use with certain healthcare services and should not be considered or used as comprehensive medical advice, care, diagnosis, or treatment.

In some cases, the Amazing Well RX Service may not be the most appropriate means for you to communicate with or seek medical care from a healthcare provider. For example, a provider may determine that your condition requires an in-person office visit or is not appropriately addressed through the use of the Amazing Well RX Service. In such cases, you may receive notification that the Service cannot be used for the particular issue submitted, along with additional information regarding next steps. The Platform should not be used during a medical emergency. If you choose to discontinue your Amazing Well RX membership, you are strongly encouraged to follow up with your primary care provider or another qualified healthcare provider. Amazing Well RX, Inc. is not responsible or liable for any advice, course of treatment, diagnosis, or other information, services, or products obtained through affiliated professionals or their professional entities.

8. Telehealth Consent

Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks. Please review the full “Telehealth Informed Consent” which informs you about the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs. In order to receive Healthcare Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth. By using the Healthcare Services facilitated and coordinated through Amazing Well RX Service, you agree and acknowledge that Amazing Well RX, Inc. is a beneficiary of the Medical Consent and has the right to enforcement.

9. Payments

You understand and agree that you are responsible for all fees due to receive Amazing Well RX Service, including any fees charged by medical providers and affiliated medical professional entities. When you submit your Information for Healthcare Services, you are agreeing to pay all fees due. By entering your payment information and submitting your request, you authorize Amazing Well RX Service, our affiliates, or our third-party payment processors to charge the amount due.

Furthermore, Amazing Well RX Service cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error in assisting with the filling of your prescription, please contact us through your Fit Formulation account or call 888-383-3970.

You understand that Amazing Well RX’s affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise; i.e., “out-of-network” providers). Therefore, you understand and agree that you are solely responsible for paying all fees due to receive the Healthcare Services provided to you, including any fees charged by the medical providers and affiliated medical professional entities. As such, neither you nor Amazing Well RX, Inc., nor any medical professional or their professional entities may receive payment from such programs for the services or products provided to you by Amazing Well RX. Amounts collected by Amazing Well RX Service will include fees charged by medical providers for Healthcare Services.

In the event that your credit card expires or Amazing Well RX, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice to provide an alternative payment method. Amazing Well RX Service and the medical provider(s) have no obligation to provide any Healthcare Services unless and until full payment has been received and verified.

By agreeing to use the Service, you agree that neither you, Amazing Well RX, nor the Labs, Pharmacies, Medical Groups, or 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 Service.

10. Subscription Products and Services

Products and services available for purchase through Amazing Well RX Service require that you purchase the product or service on an automatically renewing subscription basis. Amounts to be charged are dependent on the particular membership in which you enrolled.

For subscription-based products and services, your payment device will be automatically charged at regular intervals as described for that product or service until you cancel your subscription. Amazing Well RX Service may, but is not required to, perform outreach to you from time to time to request updates to your information and to facilitate ongoing subscriptions.

11. Cancellations and Refunds

• If for any reason, you decide to cancel your membership subscription within 30 days from your initial enrollment, you are eligible for a full refund of your first month’s fee, and you will lose access to your membership immediately. Initial enrollment is defined as the first time an individual signs up to receive Amazing Well RX Service. No other refunds, returns, or exchanges for products are accepted.

• If you cancel your subscription after 30 days from your initial enrollment, you are not eligible for a refund, but you will retain access to the relevant Amazing Well RX Service for the remainder of your paid month.

  • If you cancel your subscription while having an active prescription on file, you are eligible to reactivate your membership by paying an amount equal to one month’s fee of your previous plan.
  • The reactivation fee and the new subscription fee will be charged simultaneously.

You may cancel a subscription at any time by emailing ask@fitformulation.com or by calling 888-383-3970. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least