1. Acceptance of These Terms
These Terms and Conditions (“Terms”) are a binding agreement between you and SimpleProRx and its affiliated Simple brands (“SimpleProRx,” “we,” “our,” or “us”). They govern your access to and use of simpleprorx.com, our mobile applications, and the related telehealth services, content, and functionality we offer (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services, creating an account, or clicking to accept, you agree to be bound by these Terms, our Privacy Policy, our Notice of Privacy Practices, and our Informed Consent to Telehealth, each incorporated by reference. If you do not agree, do not access or use the Services.
Section 19 contains a binding arbitration provision and a class-action waiver that affect your legal rights, including a 30-day opt-out. Please review it carefully.
2. Eligibility
You may use the Services only if you:
- Are at least 18 years of age and able to form a binding contract, or are a parent or legal guardian establishing an account for a minor you are authorized to represent;
- Are physically located in a U.S. state or territory where SimpleProRx and its providers are licensed and authorized to offer the Services (see Section 4); and
- Provide accurate, current, and complete registration information.
By using the Services, you represent and warrant that you meet these requirements. We may refuse, suspend, or terminate access if you do not.
3. Nature of the Services; Provider Relationship
SimpleProRx serves as a Management Services Organization (MSO) which does not itself provide clinical services, but rather SimpleProRx utilizes Stealth Health LLC, a DE Company’s telehealth services through licensed health care professionals in Stealth Health LLC, a DE Company’s provider network. Any prescription your provider issues is filled and delivered by Stealth Health LLC, a DE Company’s Pharmacy Network. A provider-patient relationship is formed only when a provider accepts you as a patient and begins care.
4. Where We Provide Services; Licensing
SimpleProRx offers the Services to patients located in all 50 U.S. states. Providers are licensed only in specified states and may treat you only if you are located in a state where the treating provider holds an active license at the time of the visit. The Services are intended for users located in the United States and are not directed to users outside the United States. You are responsible for ensuring you are in an authorized location during each visit.
5. NOT FOR EMERGENCIES
THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES. If you are experiencing a medical emergency, or think you may be, call 911 or go to the nearest emergency room immediately. Do not use the Services for emergency situations. If you have thoughts of harming yourself or others, call or text 988 (the Suicide and Crisis Lifeline) or 911. SimpleProRx and its providers do not offer emergency services and cannot dispatch emergency responders.
6. Informed Consent to Telehealth
By using the Services to receive care, you acknowledge and consent that:
- Care is delivered remotely using audio, video, secure messaging, and/or store-and-forward technology, and does not involve a traditional in-person examination;
- Telehealth has potential benefits and limitations, including that a provider may not have access to all of your records and that technical failures may interrupt care;
- Your provider may determine that telehealth is not appropriate and that you should seek in-person care; and
- You may withdraw your consent to telehealth at any time without affecting your right to seek future in-person care elsewhere.
Where a state requires a separate signed telehealth consent, we will present it for your acknowledgment before your visit.
7. No Guarantee of Treatment or Prescriptions
Use of the Services does not guarantee any particular diagnosis, treatment, prescription, or outcome. Whether to prescribe any medication is solely within the provider’s professional judgment. Providers prescribe controlled substances only where permitted by applicable law, including the Ryan Haight Act and applicable DEA telemedicine rules. Providers will not prescribe any medication they determine is unsafe, medically unnecessary, or unlawful for telehealth.
8. Accounts and Security
You must keep your account credentials confidential and are responsible for all activity under your account. Your account is personal to you; do not share access. Notify us immediately at [email protected] of any unauthorized use. We may disable any credential at any time if we believe you have violated these Terms.
9. Fees, Insurance, and Payment
- Fees for the Services will be provided before enrollment opens and are due at the time of booking or as otherwise billed. You authorize us or our payment processor to charge your payment method.
- Where we accept insurance, you are responsible for copays, deductibles, coinsurance, and non-covered amounts. Our current insurance and self-pay options are described at simpleprorx.com/pricing.
- Our cancellation and no-show policy is described at simpleprorx.com/pricing and may include a fee for visits not cancelled within the stated notice period.
- No Surprises Act — Good Faith Estimate. If you are uninsured or choose not to use insurance, you have the right to receive a good faith estimate of expected charges before your visit. You may request one at any time by contacting [email protected].
10. Your Responsibilities as a Patient
You agree to provide accurate and complete health information, follow your provider’s instructions, and not misuse the Services. You understand that withholding information or providing false information can lead to inappropriate care. You are responsible for arranging any recommended in-person care, testing, or follow-up.
11. Electronic Communications and Consent
By using the Services, you consent to receive communications from us and your provider electronically, including by email, text/SMS, secure messaging, and in-app notifications, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Standard message and data rates may apply. You may opt out of non-essential communications by following the unsubscribe instructions in the message or by contacting [email protected]; certain transactional or care-related messages are necessary to provide the Services.
12. Privacy
Your use of the Services is subject to our Privacy Policy. As a HIPAA covered entity, our handling of protected health information is described in our Notice of Privacy Practices, which controls as to that information. Communications through non-secure channels (such as ordinary email or text) may not be secure; use our secure patient portal for health information.
13. Intellectual Property; Limited License
The Services and all their content, features, and functionality are owned by SimpleProRx, its licensors, or other providers and are protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use to obtain care. You must not copy, modify, distribute, sell, reverse engineer, scrape, or create derivative works from any part of the Services except as expressly permitted. “SimpleProRx,” our logo, and related marks are our trademarks and may not be used without our prior written permission.
14. Prohibited Uses
You agree not to use the Services:
- In violation of any applicable law or regulation;
- To provide false, misleading, or fraudulent information, or to impersonate any person or entity;
- To upload or transmit any unlawful, infringing, harassing, defamatory, or harmful content;
- To introduce viruses or malicious code, or to interfere with, overburden, or attempt to gain unauthorized access to the Services or their systems;
- To use any robot, scraper, or automated means to access the Services; or
- To resell, or use for any commercial purpose, any part of the Services.
15. User Content
If the Services let you submit content beyond your clinical intake — such as reviews or community posts (“User Content”) — you retain ownership but grant SimpleProRx a non-exclusive, worldwide, royalty-free license to use, reproduce, and display it in connection with operating the Services. You are solely responsible for your User Content and represent that you have the rights to submit it and that it does not violate any law or third-party right. We may remove User Content and suspend accounts at our discretion. Your clinical information is governed by Sections 6, 10, and 12 and our Notice of Privacy Practices, not this Section.
16. Disclaimers
Information made available through the Services — other than advice from your provider during a visit — is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something on the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. This disclaimer does not affect any warranty that cannot be excluded under applicable law, and nothing in these Terms disclaims liability for a provider’s professional negligence or for death or personal injury to the extent such a disclaimer is prohibited by law.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SimpleProRx AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. SimpleProRx’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID TO SimpleProRx IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
This limitation does not apply to liability for gross negligence or willful misconduct, for a provider’s professional (medical) negligence, or for death or bodily injury, or to any other liability that cannot be limited under applicable law.
18. Indemnification
You agree to defend, indemnify, and hold harmless SimpleProRx and its affiliates and their officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your misuse of the Services, or your violation of any law or third-party right.
19. Dispute Resolution; Arbitration; Class-Action Waiver
Except for claims for injunctive relief and matters that qualify for small-claims court, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, on an individual basis. You and SimpleProRx waive the right to a jury trial and the right to participate in a class or representative action.
Your right to opt out. You may opt out of this arbitration and class-waiver provision by sending written notice to [email protected] within 30 days of first accepting these Terms. If you opt out, Section 20 governs any dispute.
This provision does not waive any right that cannot be waived under applicable law, and any claim for a provider’s professional (medical) negligence will proceed under, and subject to, the arbitration and procedural rules that applicable state law requires for such claims.
20. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to Section 19, any action must be brought exclusively in the state or federal courts located in that state, and you consent to their jurisdiction and venue of Palm Beach County.
21. Limitation on Time to File Claims
Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after it accrues, or it is permanently barred, except where a longer period is required by law. This Section does not shorten any limitations period that applies to a claim for medical malpractice under applicable state law.
22. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice. Provisions that by their nature should survive termination (including Sections 13 and 16 through 21, and Section 24) will survive. Termination does not affect your right to obtain copies of your medical records as required by law.
23. Changes to the Services and These Terms
We may modify or discontinue the Services at any time. We may revise these Terms from time to time; changes are effective when posted, except that material changes will take effect 30 days after we post notice, and changes to Section 19 will not apply to any dispute of which the parties had notice before the change was posted. Your continued use after changes are posted means you accept them.
24. Miscellaneous
No waiver of any term is a continuing waiver. If any provision is held unenforceable, it will be limited or severed so the remaining Terms stay in effect. These Terms, together with the Privacy Policy, the Notice of Privacy Practices, and the Informed Consent to Telehealth, are the entire agreement between you and SimpleProRx regarding the Services. You may not assign these Terms; we may assign them.
25. Contact Us
SimpleProRx and its affiliated Simple brands General support: [email protected]
Legal notices: [email protected]
Mailing address: Smith Will & Trust PLLC
4830 West Kennedy Blvd
STE 600
Tampa, FL 33609
727.424.1464
For privacy requests, see our Privacy Policy. For medical-records requests, contact [email protected].