Welcome to FREYA MEDS INC.
Terms of Service and Conditions of Use. Date of Last Revision: August 30, 2024.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.
AMONG OTHER ACTIVITIES, FREYA MEDS’ SERVICES ENABLE COORDINATION AND COMMUNICATION WITH INDEPENDENT, LICENSED HEALTH CARE PROVIDERS EMPLOYED OR CONTRACTED BY AFFILIATED PROFESSIONAL CORPORATIONS. FREYA MEDS DOES NOT PROVIDE MEDICAL SERVICES, ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN NOR CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND FREYA MEDS OR ANY OF ITS EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES.
THESE SERVICES MAY NOT BE SUITABLE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, IMMEDIATELY CALL YOUR DOCTOR OR 911. DO NOT USE THESE SERVICES FOR EMERGENCY OR CRISIS CARE.
THIS AGREEMENT INCLUDES PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH A LAWSUIT OR COURT PROCEEDINGS. THIS MEANS THAT (I) YOU ARE WAIVING YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BY A JURY OR A JUDGE (EXCEPT AS EXPLICITLY STATED IN SECTION 16), AND (II) YOU ARE WAIVING YOUR RIGHT TO PURSUE ANY DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Introduction
FREYA MEDS International Inc. and its affiliates (collectively, “FREYA MEDS,” “we,” “us,” or “our“) own and operate the website located at www.freyameds.com (the “Website“). We refer to the Website and other services provided by FREYA MEDS collectively as the “Services.” In these Terms of Use, the terms “you” and “yours” refer to the person using the Services.
These terms and conditions of use (“Terms of Use“) describe your rights and responsibilities regarding the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. In using certain parts of the Services, you may encounter additional or supplemental terms related to the use of those specific Services, which you agree to review and accept.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION YOU NEED TO KNOW ABOUT THE SERVICES.
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THE SERVICES.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS OUTLINED HEREIN.
These Terms of Use Include the Following Sections:
Services Overview, Availability, and Eligibility
Overview of the Services: FREYA MEDS operates strictly as a non-clinical administrative and technology management service provider to independent, state-licensed professional corporations (“Affiliated PC Entities“) and their employed or contracted healthcare providers. FREYA MEDS does not practice medicine, provide medical advice, diagnosis, or treatment, nor does it employ or contract with healthcare providers to deliver clinical services.
The Services may include: (i) providing individuals with information on health care and wellness; (ii) providing access to partner pharmacy services; (iii) providing technology-oriented tools for addressing certain health issues; (iv) development and gathering of health care records and health care information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services, all provided by third-party unaffiliated providers; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a direct means of access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.
Availability: Certain Services are only available to individuals in specific states. You will receive notice of the availability of specific Services in your location when using those parts of the Services. We are not authorized to provide services in Alabama (AL), Mississippi (MS), West Virginia (WV). If you reside in one of these states, our Services are unavailable to you, and you will not be authorized to perform checkout for Services.
FREYA MEDS is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws, including export laws as applicable.
Eligibility: Our Services are intended for use by you only if you are 18 years of age or older. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, FREYA MEDS and certain 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.
To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.
Our Role as a Management Services Organization
FREYA MEDS does not provide any medical services, including via the Services. Rather, FREYA MEDS provides a technology platform for you to access a health care provider who is employed or contracted with an independent, partner physician practice (an “Affiliated PC Entity”). Through the Services, you may also obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.
The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests solely with you and the independent health care provider.
You understand that by coordinating and consulting with an Affiliated PC Entity or its healthcare providers through the Services, you are not entering into a physician-patient relationship with FREYA MEDS. Your patient-provider relationship for all clinical decisions, including diagnosis, treatment, and prescribing, is solely with the independent, licensed healthcare provider practicing through an Affiliated PC Entity.
Except for specific communications received from an Affiliated PC Entity or its health care providers, none of the information you receive through the Services should be considered medical advice.
Telehealth, Pharmacy, and At-Home Testing Services
Telehealth Services: Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. By accepting the Terms of Use, you agree and consent to FREYA MEDS, the Affiliated PC Entities, the health care providers contracted or employed by the Affiliated PC Entities, and any other health care organization(s) or provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any Affiliated PC Entity, any health care provider contracted or employed by an Affiliated PC Entity, or any health care organization(s) or provider(s) with whom we partner to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.
Consent to Telehealth: We provide websites and applications through which you can obtain an online visit with an independent, licensed health care professional (a “Provider“) and mail order pharmacy services for any medications prescribed to you (collectively, the “Services“). The Services constitute a form of telehealth, which involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. We believe that telehealth has the potential to provide a number of benefits, including convenient, discreet, and affordable care. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education. Telehealth may include, but is not limited to:
The websites, applications, and information systems used in the Services incorporate network and software security protocols to protect the privacy, security, and integrity of your health information.
Possible Benefits of Telemedicine: Telehealth can make accessing medical care easier, more efficient, and less expensive.
Possible Limitations of Telehealth:
By accepting these Terms of Service including this Consent to Telehealth, you acknowledge your understanding and agreement to the following:
All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms “FREYA MEDS“, “we“, “us“, or “our“ refer to FREYA MEDS International Inc and the terms “you“ and “yours“ refer to the person using the Services.
No Insurance Accepted; Notice of Your Financial Responsibility
FREYA MEDS and the Affiliated PC Entities do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, FREYA MEDS, the Affiliated PC Entities, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you 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 Services. Please also see Section 14 below for additional terms applicable to your payment obligations.
Pharmacy Services
If you receive a prescription as a result of your use of the Services, you may select one of our partner pharmacies (the “FREYA MEDS Pharmacy Network”) to ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to the FREYA MEDS Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
If you select to use the FREYA MEDS Pharmacy Network to fulfill any prescriptions, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
Compounded Medications Disclaimer
If, in the independent medical judgment of your healthcare provider, a compounded medication is deemed appropriate for your treatment, you acknowledge and agree to the following:
At-home Testing Services
Any at-home sample collection kits and laboratory services available through the Services may require a valid order by a licensed healthcare provider. We or our subsidiaries have partnered with health care providers who are licensed in your state to review your request for at-home testing (the “Reviewing Provider”). You understand and agree that at-home testing services are intended for informational, educational, and wellness purposes only. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the Reviewing Provider as a result of your use of the Services.
We will send or cause to be sent the requested test kit to your address after any required health care provider review and approval. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing (the “Lab”). Failure to follow the instructions may result in your samples not being processed by the Lab.
The Lab sends the results of the tests to the Reviewing Provider who releases the test results to us. We provide the test results to you via the Services. You understand and agree that it is your responsibility to bring your results to your primary health care provider for interpretation and to inform decisions made about your health and treatment.
Registration And Account Creation
Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to FREYA MEDS. If you do not maintain such information, or FREYA MEDS has reasonable grounds to suspect as much, FREYA MEDS has the right to suspend or terminate your account and your use of the Services. You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You also agree to immediately notify FREYA MEDS of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing FREYA MEDS at doctor@freyameds.com. FREYA MEDS may take any and all actions it deems necessary or reasonable to maintain the security of the Services.
You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. FREYA MEDS explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Privacy
FREYA MEDS recognizes the importance of confidentiality and privacy regarding your health information. Please refer to our Privacy Policy available at freyameds.com/privacy-policy for details on how we collect and use your information. The Privacy Policy is incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
Ownership and License to Use the Services
Ownership: Between FREYA MEDS and you, FREYA MEDS retains sole and exclusive ownership of all rights, titles, and interests in and to the Services and their content, features, and functionality. This includes, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel (“Services Content”). You are prohibited from reproducing, publishing, distributing, modifying, reverse engineering, disassembling, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, transmitting, selling, or exploiting any of the Services or Services Content in any way, except as explicitly permitted by these Terms of Use or expressly authorized in writing by FREYA MEDS. Any copies, modifications, revisions, enhancements, adaptations, translations, or derivative works of the Services or Services Content shall be owned solely by FREYA MEDS or its licensors, including all intellectual property rights therein. You are not authorized to use the Services or Services Content for any commercial purposes.
Trademarks: Certain names, logos, and other materials displayed in and through the Services may be trademarks, trade names, service marks, or logos (“Marks”) of FREYA MEDS or its affiliates. You are not authorized to use any such Marks without the express written permission of FREYA MEDS. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License: Subject to your compliance with these Terms of Use, FREYA MEDS grants you a personal, limited, revocable, non-exclusive, nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use, strictly as permitted under these Terms of Use and the Privacy Policy. No other rights, titles, or interests in or to the Services or Services Content are transferred to you, and all rights not expressly granted are reserved by FREYA MEDS or its licensors.
User Content and FREYA MEDS’s License to Use Such Content
Except as detailed in our Privacy Policy; or as governed by applicable federal and state-specific privacy laws and regulations; you acknowledge that any information you provide through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, or suggestions/feedback, will be treated as non-confidential and non-proprietary (“User Content”).
Usage Rights: Except as stated in our Privacy Policy or as required by law, User Content may be used by FREYA MEDS for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. FREYA MEDS is free to use such User Content for any purpose whatsoever, including, but not limited to, developing and marketing products using such information, without compensation to you. By submitting User Content, you grant FREYA MEDS, our service providers, successors, assigns, Affiliated PC Entities, and their affiliated physician practices, a fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any such data or information for the purposes of providing Services to you, marketing Services to you, conducting research, and developing new, current, or future features, products, and services using such data.
Public Forums: You understand that any User Content you publish in public forums may be viewable and used by other users and potentially the public at large.
Liability: FREYA MEDS does not assume responsibility or liability for User Content found in any public forum, nor for any claims, damages, or losses resulting from any use of any public forum or the User Content contained therein.
Disclosure: You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or User Content if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use, including investigation of potential violations; (3) respond to claims that any content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of FREYA MEDS, its users, or the public.
Copyright Notices
FREYA MEDS reserves the right to remove any content or material on our Services at any time, for any reason, in accordance with the Digital Millennium Copyright Act (“DMCA”). This section outlines the process for filing a notification of alleged copyright infringement with FREYA MEDS.
Notification of Claimed Copyright Infringement: To object to copyrighted content on our Services, you can contact our Designated Agent at the specified address: Freya Meds Inc.
30 N Gould St, Suite R, Sheridan, WY 82801
Your notification must include:
Restrictions on Use
You agree that in using or accessing the Services, you will not, and will not attempt to:
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREYA MEDS AND ITS AFFILIATES, INCLUDING ALL RELATED PERSONNEL, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FREYA MEDS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT ANY DEFECTS, IF ANY, WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREYA MEDS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, FREYA MEDS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL FREYA MEDS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Indemnification
You agree to defend, indemnify, and hold harmless FREYA MEDS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any claims, liabilities, damages, or losses resulting from the use of any compounded medications prescribed by independent healthcare providers accessed through the Services, or your use of any information obtained from the Services.
Third-Party Links and Features on the Services
Our Services may include links to third-party websites or services that are not owned or controlled by FREYA MEDS. FREYA MEDS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that FREYA MEDS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Changes to the Terms of Use and the Services
We may modify these Terms of Use at any time, in our sole discretion. If we do so, we will post the updated Terms of Use on the Website and will indicate the date of the last revision. By continuing to access or use the Services after we have posted modified Terms of Use, you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.
We reserve the right to withdraw or amend these Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
Payments
You are solely responsible for all fees and charges associated with your use of the Services, including any fees for healthcare provider services, laboratory services, and pharmacy services. All payments are processed through third-party payment processors. FREYA MEDS is not responsible for any errors or delays in payment processing. You agree to provide accurate and complete payment information and authorize FREYA MEDS and its third-party payment processors to charge your selected payment method for all amounts due.
Termination
We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law; Dispute Resolution; Arbitration; Venue; Severability
Governing Law: These Terms of Use shall be governed and construed in accordance with the laws of Wyoming without regard to its conflict of law provisions.
Dispute Resolution; Arbitration: Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language. You agree to resolve disputes through final and binding arbitration on an individual basis, rather than through a lawsuit or court proceedings. This means that (i) you are waiving your right to have any dispute decided in a court of law by a jury or a judge (except as explicitly stated below), and (ii) you are waiving your right to pursue any dispute in a class, consolidated, or representative action.
Exceptions to Arbitration: Notwithstanding the foregoing, either party may bring an individual action in small claims court if the action is within the jurisdiction of that court. Additionally, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Venue: The arbitration shall take place in Wyoming
Severability: If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
Communications by Text Message and Email
By providing your contact information, you consent to receive communications from FREYA MEDS and its Affiliated PC Entities via text message and email for purposes including, but not limited to, appointment reminders, prescription updates, general health information, and promotional offers. You may opt-out of receiving text messages at any time by replying “STOP” to any message. You may opt-out of receiving promotional emails by following the unsubscribe link in the email. Standard message and data rates may apply.
Miscellaneous Terms
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and FREYA MEDS regarding the use of the Services. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.
Contact Us
If you have any questions about these Terms of Use, please contact us at: contact@freyameds.com