Terms of Service

Last Updated: September 14, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of PrefeRx (the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Informational only: These Terms are provided for general product use and are not legal advice.

2. Overview of the Service

PrefeRx is a clinical-workflow tool that helps licensed healthcare professionals—physicians and pharmacists—quickly look up medications that are on-formulary for a patient’s specific insurance plan. Users can search by symptom (e.g., "hypertension"), drug class (e.g., "ACE inhibitor"), or plan (e.g., "Florida Blue blueCare Choice Select"). The Service surfaces drug options along with plan requirements, limits, and tier information when available.

Behind the scenes, PrefeRx downloads, parses, and normalizes Preferred Drug List (PDL) data sources (often PDFs) from insurers and pharmacy benefit managers (PBMs), converting updates into structured data searchable by symptom, class, generic, or brand name. In Phase 1, coverage focuses on major Florida insurers, with additional geographies and plans added over time.

PrefeRx is not a prior-authorization submission tool and does not replace payer communications or coverage determinations. It is separate from EHR, PBM, or payer systems unless an explicit integration is provided.

3. Eligibility & Authorized Use

  • The Service is intended for licensed healthcare professionals and organizations supporting clinical workflows (e.g., medical practices, clinics, pharmacies). It is not intended for consumer or patient self-service use.
  • You represent and warrant that you have the necessary professional credentials, authorizations, and permissions to use the Service in your practice setting.
  • Accounts are for your organization’s internal use only and may not be shared except as permitted by your subscription plan.

4. Clinical Disclaimers (No Medical or Legal Advice)

The Service provides reference information to support, not replace, professional judgment. The content is informational and does not constitute medical, legal, insurance, or pharmacy benefit advice. You are solely responsible for clinical decisions, verifying coverage with the insurer/PBM, and complying with applicable laws, regulations, and policies. In emergencies or time-critical situations, rely on established clinical protocols and direct payer verification.

5. Data Sources, Coverage & Accuracy

  • PDL data originates from third parties (insurers/PBMs). While we strive to keep data current, we do not guarantee completeness, timeliness, or accuracy. Formularies, tiers, step-therapy rules, quantity limits, and plan inclusion can change without notice and may vary by member, plan year, geography, or employer carve-outs.
  • You must verify coverage details directly with the relevant insurer/PBM before prescribing, dispensing, or counseling patients.
  • Geographic availability: Phase 1 emphasizes major Florida insurers; availability for other states and plans may be limited or evolving.

6. Patient Information, Privacy & HIPAA

  • Minimal data use. Use the least amount of patient information necessary to perform a lookup. Avoid entering personally identifiable information (e.g., name, full member ID, date of birth) unless strictly required by your workflow.
  • No PHI without a BAA. Unless your organization has executed a Business Associate Agreement (BAA) with PrefeRx, you agree not to transmit Protected Health Information (PHI) to the Service. If you need PHI processing, contact us to arrange a BAA.
  • We process and store operational data such as search queries, plan selections, and usage metrics to operate, secure, and improve the Service. We handle personal data in accordance with our Privacy Policy.
  • You are responsible for notices and consents required under applicable privacy and health information laws for your use of the Service.

7. Permitted Use & Restrictions

  • Do not use the Service for advertising to patients, price-gouging, or any unlawful or misleading purpose.
  • Do not copy, scrape, bulk export, resell, or create derivative datasets that replicate the Service or its normalized PDL data, except as expressly permitted by your subscription.
  • Do not attempt to bypass security, rate limits, or access controls; do not reverse engineer or interfere with the Service’s operation.
  • You must comply with all applicable laws and payer policies, including those relating to prescribing, dispensing, and fraud/waste/abuse prevention.

8. Third-Party Services & Integrations

The Service may reference or link to third-party resources (e.g., payer websites, PDL PDFs) or connect to systems you authorize (e.g., EHRs). We do not control or endorse third-party materials and are not responsible for their content, availability, or policies. Your use of third-party services is governed by their terms and privacy policies.

9. Intellectual Property & Feedback

PrefeRx, including its software, normalized datasets, UI, and trademarks, is owned by us or our licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service during your paid or trial subscription strictly as permitted by these Terms. If you provide feedback or suggestions, you grant us a royalty-free, worldwide license to use them without restrictions.

10. Subscriptions, Billing & Taxes

  • Access is provided on a subscription basis (monthly or annually) and auto-renews unless canceled per your plan settings.
  • Fees are due in advance and are non-refundable except where required by law. Upgrades take effect immediately; downgrades at the next renewal.
  • You authorize us (or our payment processor) to charge your payment method for applicable fees, taxes, and any outstanding amounts. You are responsible for keeping billing information current.

11. Availability, Support & Beta Features

  • We strive for high availability but do not guarantee uninterrupted or error-free operation. Planned maintenance or updates may temporarily affect access.
  • From time to time, we may offer beta or pre-release features. Such features are provided "as is" and may change or be discontinued without notice.

12. Confidentiality

Each party may receive non-public information from the other. The receiving party will use such information only to perform under these Terms and will protect it using reasonable safeguards. This Section does not limit obligations applicable to PHI under a signed BAA (if any).

13. Warranties & Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE IN CLINICAL WORKFLOWS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREFERX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO PREFERX FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You will defend, indemnify, and hold harmless PrefeRx and its affiliates from and against any claims, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your violation of any laws or third-party rights.

16. Export & Sanctions Compliance

You represent that you are not barred from using the Service under applicable export control or sanctions laws and will not use the Service in violation of such laws.

17. Term, Suspension & Termination

  • These Terms remain in effect while you access the Service. We may suspend or terminate access for breach, suspected misuse, legal requirements, or non-payment.
  • Upon termination, your right to use the Service ceases; certain provisions (e.g., intellectual property, confidentiality, disclaimers, limitations of liability, indemnities) will survive.

18. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. We will update the "Last Updated" date when changes are posted. Continued use after changes become effective constitutes acceptance of the updated Terms.

19. Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Exclusive jurisdiction and venue for any dispute that is not subject to arbitration (if separately agreed) will be the state and federal courts located in San Francisco County, California.

20. Contact

Questions about these Terms? Email team@usepreferx.com.