Terms & Conditions
Last Updated: January 16, 2023
By using this Website, you acknowledge that you have read, accepted, and agree to be bound by these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”). These Terms and Conditions unconditionally extend and apply to all related applications, Internet service, Website extensions, as well as certain products and/or services offered through virtual medical consultation and evaluation services via Internet and/or telemedicine (“Service”, or “Platform”) sold and/or offered by Solve Clinics, LLC. (“Solve, or “Company”). If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website and/or Service, and you may discontinue use immediately.
Professional services are provided by the affiliated physicians of the Solve Clinics, LLC.
Because Solve is not involved in the electronic transactions that are typical of managed care, Solve is not covered by the Health Insurance Portability and Accountability Act of 1996, commonly known as HIPAA.
Agreement to Terms and Conditions
Terms and Conditions contained in this page shall govern your use of the Website and all of its content (collectively referred to herein as “Website”). These Terms outline the rules and regulations guiding the use of the Website located at https://www.solveclinics.com/. All materials, information, documents, and/or services or all other entities (collectively referred to as “Content”) that appear on this Website shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and this Website constitutes an express agreement with all the Terms and Conditions contained herein in full. Supplemental terms and conditions or documents that may be posted time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Do not continue to use this Website and/or Service if you have any objection to any of the Terms and Conditions stated on this page.
Your Relationship with Solve
Solve makes available to individuals who register as users of the Service (“Users”) certain products and/or services sold and/or offered by Solve, or by third-party medical providers or other vendors of the Company’s Service. Solve employs or contracts with medical doctors, physicians, and other health professionals who offer certain healthcare and/or other health services through the Platform (“Providers”, or “Health Counselors”). By accepting this Agreement, you acknowledge and agree that any services you receive from Solve and/or Providers through the Platform are also subject to this Agreement, and that the Medical Groups and Providers are third-party beneficiaries of this Agreement.
The Company does not control or interfere with the method and manner of facilitation and/or practice of medicine or other health care by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care, health care, and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Solve is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Solve. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers. Further, the Company does not control or interfere with any professional service provided by the Medical Groups, each of which is solely responsible for their provision of professional services rendered via the Service.
By accepting this Agreement, you acknowledge and agree that the Medical Groups and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that Solve is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Solve nor the Medical Group nor any Provider will be responsible in any way and you will not hold Solve, the Medical Group or any Provider 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 Medical Group(s) or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with Solve, by using the Service, you are establishing a direct customer relationship with Solve to use the Service, including the purchase of any non-prescription products and/or non-medical services sold directly to you by Solve via the Service. In connection with such relationship, you may provide to the Company, or cause to be provided to the Company on your behalf, personal information, including health information, that is subject to use by the Company in accordance with its Privacy Policy. Please refer to the “Privacy Policy” section on the Company’s Website.
Arbitration Notice & Waiver of Jury Trial and Class Action
Where permitted under the applicable law, you and Solve agree that by using this Website and entering into this Agreement that any disputes between you, Solve, Medical Groups, and/or Providers arising out of or related to these Terms and Conditions or the Service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and to participate in a class action lawsuit or class-wide arbitration. You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Solve agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Disclaimer
Results may vary per patient and are not guaranteed. The information on this Website and articles does not constitute medical advice and should only be used for informational purposes only. The information on this Website and articles is not a substitute for professional medical advice and should not be relied on to make medical decisions. Please make sure to discuss the risks and benefits of any treatment with your primary physician before beginning treatment.
Health Counselors
Users understand and agree that Solve is not responsible for any information provided by any Health Counselors. Solve does not provide any medical services. Among other activities, Solve provides a technology platform to enable coordination and communication with a health care provider. You understand that by coordinating and/or consulting with a healthcare provider through the Solve platform, you are not entering into a provider-patient relationship with Solve nor its Health Counselors as defined under US federal and state laws.
Whenever Solve uses the words “your physician,” “your medical practitioner,” “your doctor,” “healthcare provider,” or similar words, including in this Agreement, the Company is referring to your primary care physician with whom you have of a mutually acknowledged, doctor-patient relationship within the state that you reside. Health Counselors on the Solve platform are not “your” doctor, physician, medical practitioner, healthcare provider or dermatologist. Consultations with the Company’s doctors do not replace your relationship with any physician.
Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account (including setting up an email and/or username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Solve immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Solve or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Solve cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Solve takes your privacy and the security of your health and other sensitive information very seriously. By using the Website, you acknowledge and agree that the transmission of information over the Internet and mobile networks is never completely private or secure. You understand that any message or information you send to Solve and/or the Website may be read and intercepted by others, even if there is a special notice that a particular transmission is encrypted. Text messages and emails that you send to or receive from Solve are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending and/or receiving text messages between you and Solve, that are not encrypted. Likewise, by emailing Solve or giving Solve your email, you consent to receiving unencrypted emails messages from Solve.
Cancellations, Payments, and Recurring Payments
Your payment must be accepted before you may use the Software and any of its related products or services. Solve may require additional information regarding your license request/order if any required information was missing or inaccurate. Failure to provide complete and accurate information may result in your order being cancelled or limited any time after it has been placed. Fees are paid in advance in full and charged automatically by Solve to your provided payment method. Failed or late payments may cause immediate suspension from the Software and all of its related products and/or services. By submitting your card or payment related information, you grant to Solve the right to provide such information to third-party processors in order to complete the transaction initiated or authorized by you or on your behalf.
By providing an accepted payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize Solve (or the Company’s third-party payment processor) to charge your payment method for the total amount of your subscription or purchase total (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If you wish to change or update your payment method, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not update your payment method or cancel your Subscription, you remain responsible for any uncollected amounts and, with respect to your Subscription, authorize Solve to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize Solve (or the Company’s third party-payment processor) to charge your payment method for the corresponding amount.
All prices on this Website and/or Service are shown in U.S. dollars and do not reflect any applicable taxes and other charges. You will be provided advanced notice regarding any changes to the amounts or other charges associated with Solve’s various subscription plans. Solve reserves the right to adjust prices at the Company’s sole discretion, at any time and without notice or limitation, based on geographic or other criteria as the Company may establish from time to time.
When visiting the Website, you have the option of licensing the Software and may have the option of purchasing other product(s) or service(s) at one time (e.g., a 12-month Software License) through the Company’s Auto-Replenish plan, wherein the payment method you provided at the time you entered into your Software License with Solve is automatically charged on subsequent dates chosen by you to renew your Software License, or replenish your product(s)/service(s) until you cancel. Please see below for recurring or Auto-Replenish orders that have already been processed or shipped.
After signup, your My Account and My Subscription page will show your last order date and future payment dates. You can cancel, change address, renew, or change payment method from this page by logging in.
If you are enrolled in the Auto-Replenish plan at the time of your initial Software license and have provided a valid payment method, each payment will be automatically processed at the time of each Software license renewal or installment and be billed to the payment method provided at the time of your enrollment into the Auto-Replenish plan.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AUTO-REPLENISH PLAN, YOU MUST CANCEL YOUR MONTHLY SUBSCRIPTION AT LEAST THREE (3) DAYS PRIOR TO THE NEXT DATE OF BILLING (“BILL DATE”) TO ENSURE PROCESSING. You may do so by emailing [email protected] or by logging into the Website and selecting the cancel option under the My Subscription page.
If you decide to cancel services after completing your doctor’s appointment but before receiving the product shipment, a $49.00 early cancellation fee will be assessed to your provided payment method, in addition to your order total.
Other Terms
Solve reserves the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. Solve shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to the Company’s Return and Refund Policy.
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor the Company’s Privacy Statement apply to Solve’s External Social Media Presence. The Website(s) and platforms that host Solve’s Social Media Presence are not controlled by the Company and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Solve. Comments that some would consider inappropriate or offensive may appear on Solve’s Social Media Presence and may remain there until they have been identified by the Company or called to the Company’s attention and the Company is able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on Solve’s Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
Solve acknowledges and agrees that before initiating any claim against the other, the Company agrees to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with Solve by e-mail to [email protected]. Solve will contact you by letter at the billing address or email address you provided to the Company. You agree to negotiate with Solve or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within sixty (60) days after receipt of the written dispute, Solve agrees to the dispute resolution provisions below.
Solve will notify you if any item is not available with the expected availability date and may offer you an alternative product. If the availability of the Software or any product or service is delayed and you do not wish to substitute the product/service, Solve will cancel your order upon your request, and if previously charged, your credit card will be fully refunded for that specific order.
Acceptable Use
Solve Inc. customers found engaging in activities prohibited by this section can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
Fair Use
We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted. We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
Customer Accountability
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
Prohibited Activity
Copyright Infringement and Access to Unauthorized Material
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
SPAM and Unauthorized Message Activity
Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.
This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.
Unethical, Exploitative, and Malicious Activity
Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.
Other activities considered unethical, exploitative, and malicious include:
- Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
- Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
- The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
- Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
- Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
- Any act or omission in violation of consumer protection laws and regulations;
- Any violation of a person’s privacy.
- Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
We prohibit the impersonation of Solve Inc., the representation of a significant business relationship with Solve Inc., or ownership of any Solve Inc. property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.
Disclaimer of Warranties
THE SOFTWARE, WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE SOFTWARE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Solve, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “Solve PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE, WEBSITE AND PRODUCTS.