These Terms of Service (this "Agreement") are between Fizy LLC, doing business as Fizy Health ("Fizy Health," "Fizy," "we," "us," or "our"), and the clinic or organization that accesses our website, creates an account, or places orders ("Clinic," "you," or "your").
By visiting fizy.health, creating an organization, accepting an agreement pack in the product, or placing an order, you agree to these Terms and any incorporated policies (including checkout authorizations, stored payment method consents, auto-ship enrollment, and your Business Associate Agreement where applicable). If you do not agree, do not use the Platform.
Fizy LLC, DBA Fizy Health (“Fizy Health,” “Fizy,” “we,” “us,” or “our”) operates the Fizy Health marketing website and the clinic ordering platform at app.fizy.health. Questions: support@fizy.health.
1. Acceptance and authority
You represent and warrant that you are at least eighteen (18) years of age and an authorized representative of your clinic or organization with authority to bind that entity (and each location you operate on the Platform) to this Agreement.
- Information you provide during onboarding and in your account profile is accurate and will be kept current.
- You have read applicable agreement packs presented in the product and agree to them as incorporated by reference.
- Where patient-specific consent or notice is required under your policies or applicable law, you are solely responsible for obtaining and documenting it before placing orders or enrolling recurring programs.
2. Platform description
Fizy Health operates a business-to-business software platform that enables licensed clinics and authorized users to browse a medication catalog, build multi-patient carts, submit prescription-related orders, pay for fulfillment, track status, and manage related clinic workflows (the "Platform").
Fizy Health is not a pharmacy, prescriber, distributor, insurer, or medical advice provider. We do not compound, dispense, or ship medications. Orders you submit are routed to independent pharmacy partners for fulfillment under their licenses, policies, and professional standards. Clinical decisions, prescribing, and patient care remain solely your responsibility.
Limited license
Subject to this Agreement and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal clinic operations in the United States (or other territories we expressly enable). You may not resell or white-label Platform access, operate a competing ordering network, scrape or reverse engineer non-public APIs, or misrepresent your relationship with Fizy Health or pharmacy partners.
Catalog and pricing
Catalog listings, Fizy SKUs, strengths, stock indicators, and displayed prices are informational and may change without notice. Final amounts, taxes, shipping, processing fees, and payment requirements are shown at checkout. Medication costs are pass-through pharmacy pricing — not Fizy revenue.
3. Accounts and security
You are responsible for maintaining credential confidentiality, designating appropriate roles and permissions, all activity under your accounts, and promptly notifying support@fizy.health of suspected unauthorized access. You will ensure only personnel who require access receive accounts and that access is revoked when employment or affiliation ends.
4. Clinical and data responsibility
You are solely responsible for the accuracy and legality of information you submit, including clinic profile and licensing data (NPI, DEA, addresses), prescriber credentials, patient demographics, prescription details, and ship-to designations.
Platform validation hints, AI-assisted suggestions, and formatting tools do not constitute medical, legal, or regulatory advice. You must independently verify all clinical and regulatory submissions before order placement. You represent that each order reflects valid clinical authorization under applicable federal and state law.
5. Orders and pharmacy fulfillment
When you submit an order, you authorize us to transmit order details to selected pharmacy partner(s) for fulfillment. Multi-line carts may be split across pharmacies based on medication assignment, inventory, and routing rules. Multi-patient orders may ship to clinic or patient addresses as you designate at checkout.
- We do not guarantee that any pharmacy will accept, compound, or ship an order.
- Status updates, tracking numbers, and delivery estimates originate from partners and carriers and may be delayed or incomplete.
- Pharmacy fulfillment for catalog medications is coordinated exclusively through the Platform.
- Cancellation requests before pharmacy acceptance or shipment must be submitted promptly through the Platform or support@fizy.health.
6. Payments and fees
Payments are processed through our designated payment gateway integration. By providing a payment method, you authorize us and our processor to tokenize, store (where you opt in), and charge that method for amounts you approve in the product.
You authorize charges for medication and partner product costs displayed at checkout; shipping and carrier fees; applicable taxes and regulatory fees; platform facilitation fees and processing fees disclosed at checkout; and recurring charges for auto-ship or similar programs you enroll.
Pass-through funds
Clinic payments for medication orders may flow through Fizy Health's merchant account before medication costs are transferred to fulfillment partners in our certified pharmacy network. Medication amounts are pass-through — they are not Fizy software revenue. We maintain separate accounting for software fees versus medication pass-through amounts and reconcile transfers to our network partner on a regular schedule.
Software facilitation fee
Each organization plan includes a facilitation fee calculated as a percentage of the cart subtotal (medication line items only — not shipping or processing). This fee compensates for the ordering platform: catalog, cart, checkout, compliance tooling, and order history. Your plan rate is shown in billing settings and at checkout.
Processing fee
A processing fee may apply to checkout payments as disclosed before you submit each order. Processing fees are shown as a separate line item at checkout.
Subscription fees
Paid organization plans (Growth, Premium, or successors we offer) include a monthly subscription fee billed separately from per-order facilitation. Plan changes take effect according to billing settings and in-product notices.
Pricing changes
Catalog list prices, pharmacy pass-through costs, facilitation fees, processing fees, and subscription plan rates may change from time to time. We will use commercially reasonable efforts to notify account administrators in advance of material pricing changes. Updated rates apply to orders placed after the stated effective date.
Failed payments
If a charge fails, we may retry, request a replacement method, suspend ordering, or cancel pending submissions. You remain liable for amounts owed for fulfilled orders and non-cancelable partner charges.
7. Refund policy
This refund policy applies to medication and related product orders placed through the Platform by your clinic on behalf of patients. Software subscription fees, facilitation fees, and processing fees are generally non-refundable except where required by law or where we expressly agree in writing.
Before shipment — 100% refund
If you cancel an order — or any line item — before the medication has shipped or been released to a carrier, you are eligible for a 100% refund of the payment for that order or line item, including pass-through medication cost, subject to partner acceptance of the cancellation. Submit cancellation requests promptly through the Platform or support@fizy.health.
After shipment — no refund
Except where required by applicable law or expressly approved in writing by Fizy Health or the fulfilling pharmacy, no refund is available after an order — or any line item — has shipped or been released to a carrier. This includes carrier misdelivery caused by an address you provided, patient unavailability, or clinical change of mind. Partner restocking fees, return shipping, and replacement costs may apply where a partner permits returns.
Auto-ship and recurring orders
Cancelling auto-ship stops future cycles only; it does not reverse settled charges for cycles already fulfilled. The no-refund-after-shipment rule applies to each fulfilled cycle.
Chargebacks and disputes
Contact support@fizy.health to resolve billing disputes before initiating chargebacks or payment reversals on Platform-processed debits. Initiating a chargeback or return without a good-faith attempt to resolve the dispute may constitute breach of this Agreement. We may suspend accounts, offset amounts, and cooperate with financial institutions when we detect fraudulent payment activity.
By creating a clinic account and placing orders through Fizy Health, you acknowledge and agree to this refund policy.
8. Shipping and delivery
You are solely responsible for shipping address accuracy and ship-to selection at checkout, including patient home delivery, clinic delivery for multi-patient shipments, and permitted special instructions. Incorrect or outdated addresses may cause delay, loss, temperature excursion, or non-refundable pharmacy and shipping charges.
Risk of loss for delivered goods passes according to carrier and partner terms. Claims for damaged or lost packages must be raised promptly with support@fizy.health so we may assist with partner or carrier processes.
9. Confidentiality, non-solicitation, and non-circumvention
Non-public information disclosed through the Platform — including pricing mechanics, Fizy SKUs, pharmacy partner identities and routing, vendor SKUs, integration details, and operational playbooks — is Confidential Information. You will use it only to exercise rights under this Agreement, protect it with at least reasonable care, and not disclose it except to personnel bound by equivalent obligations.
During the term and for twenty-four (24) months after termination, you will not solicit or induce pharmacy or fulfillment partners introduced through the Platform to provide off-platform fulfillment for substantially similar catalog products, or share Platform-derived partner contacts for off-platform ordering.
You will not interfere with Fizy Health's partner relationships or encourage partners to breach agreements with Fizy Health.
All prescription orders for medications identified in or assigned through the Fizy catalog must be submitted, paid, and fulfilled only through the Platform, except where Fizy Health grants prior written approval. You will not contact pharmacy partners directly or establish parallel accounts to bypass Platform fees or routing.
Patient and clinic operational data you submit remains yours, subject to our rights to use it to provide the Platform as described in our Privacy Policy and, where applicable, your Business Associate Agreement (BAA). Protected health information (PHI) is governed by the BAA and HIPAA; in case of conflict regarding PHI, the BAA controls.
10. Prohibited use
- Use the Platform for any unlawful purpose or in violation of DEA, FDA, state pharmacy, telehealth, or anti-diversion rules.
- Order medications without valid prescriber authorization or for diversion, resale, or personal use inconsistent with clinic operations.
- Submit false identity, NPI, DEA, patient, payment, or shipping information.
- Scrape, reverse engineer, or attempt to derive non-public APIs except as permitted by law.
- Breach non-solicitation, non-interference, or platform-exclusive fulfillment obligations (Section 4.6–4.8), including circumventing Platform fees or pharmacy relationships by soliciting off-platform fulfillment of catalog items first identified through Fizy Health.
- Share credentials, sell account access, or interfere with Platform security or availability.
- Use Confidential Information or PHI except as permitted by this Agreement, the BAA, and applicable law.
We may investigate violations, suspend or terminate access, report activity to partners and authorities, and pursue remedies available at law.
11. Compliance
You are responsible for compliance with HIPAA, state privacy laws, professional licensing, and prescribing standards. The Platform facilitates ordering workflows; it does not verify clinical appropriateness for each prescription.
Where Fizy Health processes PHI on your behalf, a BAA must be executed and remain in effect. You represent that each prescriber and clinic location maintains valid, current NPI, DEA (where required), and state licenses appropriate to orders placed, and that credentials in the Platform match the individuals and entities authorizing orders.
Platform content, documentation, support communications, and AI-assisted features are for operational convenience only and do not constitute legal, medical, regulatory, or billing advice.
12. Auto-ship and recurring charges
If you enroll patients or SKUs in auto-ship or similar recurring order programs, the separate auto-ship enrollment consent agreement pack governs schedule, estimated amounts, and cancellation mechanics. Recurring charges use stored payment methods you authorize. You remain responsible for clinical continued-need reviews, patient communications, and updating or canceling enrollments when therapy ends or payment methods change.
13. Suspension and termination
You may stop using the Platform at any time. Termination does not relieve you of payment obligations for orders placed or partner charges incurred before termination.
We may suspend or terminate access immediately if we reasonably believe you have breached this Agreement, pose a security or fraud risk, failed to pay amounts due, lost required licenses, or if continued service is prohibited by law or a partner. Where practicable, we will provide notice and an opportunity to cure non-payment or curable breaches within ten (10) days.
14. Disclaimers
THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIZY HEALTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ORDERS WILL BE ACCEPTED, FILLED, OR DELIVERED BY ANY PHARMACY OR CARRIER.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY WYOMING LAW AND OTHER APPLICABLE LAW, FIZY HEALTH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT IN ANY TWELVE (12) MONTH PERIOD WILL NOT EXCEED THE GREATER OF (i) FEES PAID BY YOU TO FIZY HEALTH FOR THE PLATFORM IN THAT PERIOD (excluding pass-through pharmacy, shipping, and tax amounts remitted to partners) OR (ii) FIVE HUNDRED U.S. DOLLARS (US $500).
Some jurisdictions do not allow certain exclusions; in those jurisdictions, our liability is limited to the fullest extent permitted by law.
16. Indemnification
You will defend, indemnify, and hold harmless Fizy Health and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, orders you submit, inaccurate or unlawful information you provide, breach of this Agreement or the BAA, clinical negligence or professional malpractice claims (to the extent not caused by Fizy Health's gross negligence or willful misconduct), and disputes between you and patients, payers, or pharmacy partners, except to the extent caused by Fizy Health's uncured material breach.
17. Marketing website
The public marketing website at fizy.health describes our product roadmap and capabilities. Features labeled "Coming soon" or described in forward-looking materials are aspirational and not commitments. Early-access and demo requests do not create a binding order or service level agreement until you execute applicable agreement packs and complete onboarding.
Use of the marketing site is subject to this Agreement. Eligibility is limited to medical professionals, clinic owners, and operators — not patients or consumers acting on their own behalf.
18. Governing law and disputes
This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law rules that would apply another state's laws.
Before filing suit, the parties will attempt in good faith to resolve disputes by notifying support@fizy.health and engaging in discussions for thirty (30) days. Subject to injunctive relief for confidentiality or security matters, the state and federal courts located in Wyoming have exclusive jurisdiction over disputes arising out of this Agreement.
19. Changes to terms
We may update this Agreement by publishing a revised version with a new effective date. Material changes to operational or legal terms (other than pricing as described in Section 6) may be presented in the product with notice and, where required, re-acceptance before continued ordering or access to paid features.
Pricing and fee changes do not require re-acceptance of this Agreement when we provide best-effort notice; updated rates apply to orders placed after the stated effective date. If you do not agree to a non-pricing update that requires re-acceptance, you must stop using the Platform and contact support@fizy.health to close your account.
20. Contact
General support, billing questions, cancellation requests, and legal notices: support@fizy.health. Notices to you may be sent to administrators on your account or posted in the Platform.