Terms of Service

1. Acceptance of These Terms

These Terms of Service (the "Terms") govern access to and use of the RubyMD website, any RubyMD-branded public-facing website, web application, patient-access technology, portal, content, communications, education, and non-clinical services that link to these Terms (collectively, the "Services"). In these Terms, "RubyMD," "we," "us," "our," "Agency," and "Company" mean the RubyMD brand and the legal entity identified as the contracting party in the applicable order form, engagement letter, invoice, checkout record, or written agreement. "You" means the person using the Services or, where applicable, the business client accepting these Terms through an authorized representative.

By accessing, using, registering for, purchasing, or clicking to accept the Services, you agree to these Terms, the Privacy Policy, and any additional terms disclosed for a particular service. If you do not agree, do not use the Services. If you accept on behalf of a business or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.

These Terms are intended to govern RubyMD's non-clinical Services. A patient's clinical care is separately governed by the disclosures, informed-consent documents, notices of privacy practices, policies, and professional judgment of the actual treating professional entity and licensed clinician.

2. Emergency and Non-Clinical Platform Notice

RubyMD and the Services are not for medical emergencies. Do not use the Services if you believe you may be experiencing a medical emergency, a mental-health crisis, suicidal thoughts, or a condition requiring immediate in-person care. Call 911, go to the nearest emergency department, or contact an appropriate crisis or emergency service.

Content available through the public website is for general informational and educational purposes only. It is not medical advice, diagnosis, treatment, a recommendation, or a substitute for care from a qualified healthcare professional. Do not delay seeking professional medical advice because of something on the Services.

RubyMD does not control, direct, or interfere with the professional judgment of an independent clinician. No use of the Services creates a clinician-patient relationship with RubyMD. A clinician-patient relationship may arise only between a patient and the treating clinician or professional entity, subject to the clinician's judgment and applicable law.

3. Eligibility and Geographic Availability

The Services are intended only for adults who are at least eighteen (18) years old and located in the United States. By using the Services, you represent that you are at least eighteen (18), that information you provide is accurate and complete, and that you will update it if it changes.

Clinical services, if offered through a RubyMD-enabled experience, may be available only to patients physically located in states where the treating clinician is legally permitted to provide care. The clinician independently decides whether telehealth is appropriate and whether a patient is eligible for care. Availability may change because of licensure, professional standards, pharmacy operations, medication availability, clinical judgment, technology limitations, or law.

4. RubyMD's Role; Independent Providers and Pharmacies

RubyMD may provide technology, scheduling, intake support, payment-administration support, education, customer support, administrative coordination, marketing, consulting, and operational services. RubyMD is not a medical practice, pharmacy, prescriber, insurer, laboratory, emergency service, or manufacturer.

Independent licensed clinicians and their professional entities are solely responsible for clinical decisions, including whether to evaluate, diagnose, treat, prescribe, refer, decline care, or require an in-person examination. No statement or content on the Services guarantees that a consultation will result in a prescription, refill, diagnosis, treatment plan, or particular clinical outcome.

Pharmacies are independent of RubyMD and of the treating clinician unless expressly identified otherwise in a written disclosure. A pharmacy is responsible for dispensing, fulfillment, shipping, medication counseling, and pharmacy-specific policies. You may ask the treating clinician or care team about using a pharmacy of your choice, subject to clinical, legal, operational, and prescription-transfer limitations. RubyMD does not dispense medication and does not control a pharmacy's prices, inventory, delivery performance, or professional services.

5. Telehealth; Patient Information; Clinical Documents

If you seek healthcare through a RubyMD-enabled platform, you must complete the applicable telehealth consent, intake forms, treatment-specific consents, and other clinical documents presented to you. The treating professional entity must be identified to you before or at the time clinical care is delivered. You must provide truthful, current, and complete medical, medication, allergy, contact, location, and other requested information.

Telehealth has benefits and limitations. It may not be suitable for every condition or patient. The treating clinician may require an in-person evaluation, request additional information, refer you elsewhere, decline to prescribe, discontinue telehealth, or direct you to emergency or other care. Clinical information, treatment risks, privacy practices, and patient rights are addressed in the clinical documents issued by the treating professional entity, not by this public website alone.

6. Cash-Pay Charges, Third-Party Charges, and Payment Authorization

Unless a specific written disclosure states otherwise, Services are offered on a cash-pay basis. RubyMD, the treating professional entity, a pharmacy, or another disclosed provider may charge separate fees. You are responsible for reviewing the price disclosures presented before purchase and for paying all amounts due, including applicable taxes and disclosed third-party charges.

RubyMD does not bill insurance and does not guarantee that any charge is reimbursable by insurance, a health savings account, flexible spending account, employer plan, or any other third party. A treating professional entity or pharmacy may have separate payment practices and may provide a separate receipt or statement.

When you submit a payment method, you authorize the disclosed merchant and its payment processor to charge that payment method for the amount shown at checkout or in the applicable written agreement, including recurring charges that you separately authorize. You must maintain accurate payment information. We may suspend access, cancel a transaction, or seek lawful collection of unpaid amounts if a payment is declined, reversed, disputed without a good-faith basis, or otherwise not received.

7. Refund and Cancellation Policy

7.1 General Rule

This section is RubyMD's contractual policy and does not limit any non-waivable consumer right. A request for a refund must be made in writing to [email protected] and include the purchaser's name, order number, date of purchase, and a clear explanation of the request. We may ask for reasonable information to verify the request.

7.2 Patient-Facing Platform and Administrative Fees

If a charge is collected by RubyMD for a non-clinical platform, administrative, membership, or coordination service, a purchaser may request cancellation or a refund within seventy-two (72) hours after the initial purchase. Any eligible refund will be prorated to exclude Services actually delivered, including completed onboarding, account activation, scheduling, administrative work, technology access, or other documented service activity. No refund is available for a clinical consultation that has already occurred, a service already delivered, or a third-party charge that RubyMD cannot recover.

Clinical fees, pharmacy charges, prescriptions, medications, medication shipping, and pharmacy services may be subject to the separate policies of the treating professional entity or pharmacy. Prescription products generally cannot be returned or reused after dispensing, except as required by law or expressly permitted by the dispensing pharmacy. A patient must direct clinical-fee or medication questions to the identified treating professional entity or pharmacy.

7.3 Build-and-Transfer, Consulting, Technology, and Education Services

For a business client purchasing RubyMD's build-and-transfer, consulting, technology, education, marketing, business-formation support, compliance-infrastructure support, or operational-setup services, a written cancellation request made within seventy-two (72) hours after the initial payment will be reviewed under the applicable order form or engagement agreement. If no separate agreement states otherwise, any refund is limited to the portion of fees allocated to services that have not been delivered, after deducting the reasonable value of work performed, third-party costs, transaction fees, commissioned assets, licenses, and nonrecoverable expenses.

A request made after the seventy-two-hour window does not create an automatic right to a refund. RubyMD may, in its discretion or as required by law, provide a prorated refund for contracted deliverables that have not been delivered. Deposits, third-party fees, domain fees, software subscriptions, advertising spend, government filing fees, professional fees, completed strategy sessions, completed setup work, delivered materials, and activated access are nonrefundable unless applicable law or a written agreement requires otherwise.

7.4 No Chargeback Abuse

Before initiating a payment dispute, you agree to contact us in good faith using the refund process above. This does not limit your right to dispute an unauthorized transaction or exercise rights provided by law. A bad-faith or duplicative chargeback may result in suspension of access, recovery efforts, and recovery of reasonable collection costs where permitted by law.

8. Communications, Electronic Records, and Signatures

By providing contact information, you agree that RubyMD and service providers acting on its behalf may send operational messages by email, telephone, portal message, or text message. Operational messages may include account verification, scheduling, payment notices, service updates, security notices, and support communications. Standard message and data rates may apply.

Clinical reminder and care-related communication preferences are addressed separately in the telehealth consent or the treating professional entity's forms. Marketing text-message consent must be requested separately and is not a condition of receiving care or purchasing Services. You may opt out of marketing texts by replying STOP or using the stated instructions. Opting out of marketing does not necessarily stop essential transactional, security, or legally required communications.

You consent to receive required notices electronically, including through the email address, account, portal, or device information you provide. Selecting a checkbox, clicking an acceptance button, using an electronic signature process, or otherwise affirmatively accepting a document is intended to have the same legal effect as a handwritten signature to the extent permitted by law. You are responsible for retaining copies of important electronic records.

9. Accounts, Security, and Acceptable Use

You are responsible for safeguarding your account credentials and for activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We may suspend or terminate access to protect users, the platform, or our rights.

You may use the Services only for lawful, personal, non-commercial purposes unless a written business agreement states otherwise. You must not:

• submit false, misleading, infringing, harmful, or unlawful information;
• use another person's account or impersonate another person or entity;
• interfere with, overload, bypass, disable, damage, or disrupt the Services;
• introduce malware, attempt unauthorized access, scrape data, probe security controls, or conduct denial-of-service activity;
• copy, modify, reproduce, distribute, publicly display, reverse engineer, decompile, disassemble, or create derivative works from the Services except where the law does not permit that restriction to be disclaimed;
• use automated tools to access or collect information without written permission;
• use the Services to violate privacy, healthcare, pharmacy, advertising, consumer-protection, intellectual-property, or other applicable laws; or
• use RubyMD materials, systems, templates, methodologies, confidential information, or access credentials to build, market, or support a competing product or service without our prior written consent.

10. Intellectual Property and Limited License

The Services, software, text, graphics, designs, workflows, templates, videos, training, branding, processes, documentation, content, and other materials made available by RubyMD (collectively, "RubyMD Materials") are owned by RubyMD or its licensors and are protected by intellectual-property laws. Subject to these Terms and timely payment of all fees, RubyMD grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use RubyMD Materials solely for the purpose for which they are made available.

Except for rights expressly granted in writing, no ownership interest or intellectual-property right transfers to you. You may not duplicate, reproduce, republish, distribute, sell, lease, license, transfer, create derivative works from, or exploit RubyMD Materials without our prior written permission. Unauthorized duplication, reproduction, or distribution is strictly prohibited and may result in termination and legal action.

Names, logos, product names, designs, and slogans associated with RubyMD are trademarks or service marks of RubyMD or its licensors. Other marks belong to their respective owners.

11. Additional Terms for Build-and-Transfer Business Clients

11.1 Scope and Client Control

RubyMD may provide consulting, technology, marketing, education, business-formation coordination, compliance-infrastructure coordination, and operational-setup services to investors, entrepreneurs, physicians, and other business clients. The scope, deliverables, timing, fees, dependencies, and acceptance criteria for those Services are governed by the applicable written order form, statement of work, engagement letter, or master services agreement (collectively, an "Engagement Agreement"). If an Engagement Agreement conflicts with these Terms, the Engagement Agreement controls for that business relationship.

RubyMD does not sell franchises, securities, investments, or guaranteed business opportunities. RubyMD is not the owner, partner, shareholder, member, officer, director, employee, agent, or legal representative of a client's business merely because RubyMD provides Services. Unless a signed agreement expressly states otherwise, the client retains ownership, control, and responsibility for its business, patient-facing operations, employees, contractors, licenses, professional entities, funds, vendors, taxes, clinical operations, advertising, and legal compliance.

11.2 No Legal, Tax, Medical, Pharmacy, or Investment Advice

RubyMD does not provide legal, tax, accounting, medical, pharmacy, insurance, securities, or investment advice. Business-formation and compliance-infrastructure support is administrative and educational; it is not a substitute for advice from qualified counsel, accountants, licensed clinicians, compliance professionals, pharmacies, or other advisors chosen by the client. The client must obtain its own professional advice and conduct independent due diligence before making any business, investment, regulatory, clinical, medication, marketing, or operational decision.

11.3 Client Compliance Obligations

The client is solely responsible for complying with all laws and obligations applicable to its business, including laws concerning healthcare professional licensure, corporate practice of medicine, fee-splitting, privacy, HIPAA, state consumer-health data, pharmacy, controlled substances, telehealth, prescribing, scope of practice, professional liability, advertising, testimonials, endorsements, TCPA, CAN-SPAM, data security, business formation, taxes, employment, and consumer protection. A client must not represent RubyMD as providing clinical care, legal advice, an investment opportunity, a franchise, or a guarantee of results.

11.4 Third-Party Services

A client may need third-party technology, payment-processing, healthcare, pharmacy, advertising, communications, legal, accounting, licensing, or vendor services. Unless an Engagement Agreement specifically provides otherwise, the client contracts directly with, pays, and remains responsible for those third parties. RubyMD is not responsible for a third party's service, availability, policy, pricing, security, legal compliance, suspension, clinical decision, fulfillment, or outcome.

11.5 Deliverables and Ownership

Client-specific assets expressly identified as transferable deliverables in an Engagement Agreement will be transferred according to that agreement after all amounts due are paid. RubyMD retains all rights in pre-existing materials, general know-how, templates, systems, methods, software, tooling, processes, improvements, and RubyMD Materials. No client may claim RubyMD's case studies, testimonials, branding, materials, or prior client results as its own without written authorization.

12. No Earnings Claims; Testimonials; Results Disclaimer

RubyMD does not make earnings claims, income claims, financial-performance claims, or promises that any build, technology, strategy, education, marketing activity, or operational setup will make a client money. Any examples, case studies, testimonials, client stories, screenshots, performance illustrations, or other statements of experience are provided as examples only.

Results vary and are not typical. They depend on individual effort, capital, management, market conditions, clinical and medication categories, regulatory requirements, provider availability, pharmacy operations, ad-platform policies, competition, vendor performance, and other factors outside RubyMD's control. RubyMD does not measure or verify the earnings or financial performance of transferred clinics unless a written agreement expressly states otherwise. Testimonials are not claimed to represent average or typical results.

You are fully responsible for the decisions you make and the outcomes that result from using the Services. You should use your own independent judgment and obtain qualified professional advice before making business or investment decisions.

13. Confidentiality

Each party may receive nonpublic information belonging to the other party. The receiving party must use the disclosing party's confidential information only to use or provide the Services and must protect it using reasonable care. Confidential information does not include information that the receiving party can demonstrate was lawfully known without restriction, becomes public through no breach, is independently developed without use of confidential information, or is lawfully received from a third party without a confidentiality duty.

A recipient may disclose confidential information to its employees, contractors, professional advisors, insurers, lenders, investors, or prospective acquirers who have a need to know and are bound by appropriate confidentiality obligations, or where disclosure is required by law. RubyMD may seek equitable relief for threatened or actual misuse of its confidential information or intellectual property.

14. Third-Party Links, Platforms, and Social Media

The Services may link to third-party websites, applications, social-media platforms, payment providers, pharmacies, technology providers, or resources. Those third parties are independent, and their content, availability, privacy practices, and terms are not controlled by RubyMD. A link is not an endorsement. Your use of a third-party service is governed by that third party's terms and privacy policy and is at your own risk.

This website is not part of Facebook or Meta Platforms, Inc. and is not endorsed by Facebook or Meta Platforms, Inc. Facebook is a trademark of Meta Platforms, Inc.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND RUBYMD MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." RUBYMD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, AVAILABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION.

RubyMD does not warrant that the Services will meet your requirements, be available at all times, be secure, be compatible with your equipment, be free of errors, or produce any particular medical, business, financial, regulatory, marketing, or operational result. Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RUBYMD AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITIES; OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, RUBYMD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A CONSUMER OR WEBSITE USER'S USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT PAID DIRECTLY TO RUBYMD FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. The limitation of RubyMD's liability to a business client, if any, is governed by the applicable Engagement Agreement.

These limitations do not limit liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or gross negligence where applicable law prohibits such limitation.

17. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless RubyMD and its affiliates, licensors, service providers, officers, directors, members, employees, contractors, and agents from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to: (a) your breach of these Terms; (b) your misuse of the Services; (c) your violation of law or another person's rights; (d) information or materials you submit; or (e) for business clients, the client's business, clinical operations, marketing, compliance failures, or use of deliverables. This section does not require indemnification to the extent a claim arises from RubyMD's own gross negligence, willful misconduct, or other conduct for which indemnification is prohibited by law.

18. Suspension and Termination

You may stop using the Services at any time. RubyMD may suspend, restrict, or terminate access immediately if we reasonably believe you have violated these Terms, caused a security risk, failed to pay amounts due, made fraudulent or abusive use of the Services, or created legal or operational risk. Termination does not waive any accrued payment obligation or limit other remedies.

Sections that by their nature should survive will survive termination, including sections on payment, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.

19. Dispute Resolution

19.1 Informal Resolution

Before initiating arbitration or court action, either party must give written notice describing the dispute in reasonable detail and attempt in good faith to resolve it for thirty (30) days after receipt. This does not prevent a party from seeking emergency or equitable relief, protecting confidential information or intellectual property, or collecting undisputed amounts owed.

19.2 Consumer and Website-User Disputes

Except for matters that may be brought in small-claims court or that law requires to be heard by a court, a dispute between RubyMD and an individual consumer or website user that arises out of or relates to these Terms or the non-clinical Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules. The arbitration will be conducted before one arbitrator. The consumer may choose to participate remotely, by written submissions, or in another manner permitted by AAA rules and applicable law. AAA fees and costs will be allocated as required by AAA rules and applicable law.

The parties agree that all claims must be brought only in an individual capacity, not as a plaintiff, claimant, or class member in a class, collective, consolidated, representative, or private-attorney-general proceeding. The arbitrator may award individual relief only. If a court determines this class-action restriction unenforceable as to a particular claim, that claim will proceed in court and all remaining claims will proceed in arbitration to the extent permitted by law.

19.3 Business-Client Disputes

Any dispute arising out of or relating to an Engagement Agreement or the business relationship between RubyMD and a business client shall first be submitted to good-faith mediation, completed within thirty (30) days of initiation unless the parties agree otherwise in writing. If not resolved through mediation, or if the thirty-day period lapses, the dispute shall be finally resolved by binding arbitration before a single arbitrator administered by the AAA under its Commercial Arbitration Rules.

The arbitration's legal seat and venue shall be Miami-Dade County, Florida, and it shall be conducted remotely by video conference unless the parties or arbitrator direct otherwise. The existence and resolution of the dispute shall be confidential, except as necessary to enforce an award, comply with law, obtain professional advice, or make permitted disclosures to insurers, auditors, lenders, investors, or prospective acquirers subject to confidentiality obligations.

Business-client disputes shall be arbitrated only on an individual basis. No class, collective, consolidated, or representative proceeding is permitted. If that restriction is held unenforceable as to a claim, that claim shall proceed in court while all other claims remain in arbitration. The prevailing party shall be entitled to recover reasonable attorneys' fees, AAA administrative fees, arbitrator compensation, court costs, and reasonable collection or enforcement costs, to the extent permitted by law.

19.4 Equitable Relief and Collection

Notwithstanding the foregoing, RubyMD may apply to a state or federal court located in Miami-Dade County, Florida for temporary, preliminary, or permanent injunctive or equitable relief to protect intellectual property, confidential information, platform security, or enforceable restrictive covenants, or to collect undisputed amounts owed. Seeking such relief does not waive the right to arbitration. A judgment on an arbitration award may be entered in any court of competent jurisdiction.

19.5 Time Limit

To the fullest extent permitted by law, any claim arising out of or relating to these Terms must be initiated within one (1) year after it accrues or it is permanently barred. This section survives termination.

20. Governing Law; Venue

Except where federal law or non-waivable law requires otherwise, these Terms and any dispute are governed by the laws of the State of Florida, without regard to conflict-of-law principles. For court proceedings permitted by these Terms, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, except where applicable law requires a different forum.

21. Changes to These Terms

RubyMD may update these Terms from time to time. The revised Terms will be effective when posted unless a later date is stated. For material changes, we may provide additional notice when required by law or reasonably practicable. Continued use after an effective update constitutes acceptance to the extent permitted by law. The date at the top identifies the current version.

22. General Provisions

These Terms, together with documents expressly incorporated by reference and any applicable Engagement Agreement, are the entire agreement between you and RubyMD concerning the relevant Services. If a provision is held invalid or unenforceable, the remaining provisions remain in effect and the provision will be enforced to the maximum extent permitted by law. RubyMD's failure to enforce a provision is not a waiver. You may not assign these Terms without RubyMD's written consent. RubyMD may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or acquisition. Headings are for convenience only.

23. Contact Us

Questions, notices, and requests concerning these Terms should be sent to: