These Terms of Use (the “Terms” or “Agreement”) govern your access to and use of the website located at www.notimerx.com, any related mobile application, patient portal, intake form, messaging system, technology platform, content, features, products, services, or tools operated by Biotica LLC d/b/a NoTimeRx (“NoTimeRx,” “Company,” “we,” “us,” or “our”). The website and related services are collectively referred to as the “Services.”

Please read these Terms carefully. By accessing or using the Services, creating an account, submitting information, completing an intake form, purchasing a service, clicking “I Agree,” or otherwise using NoTimeRx, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Services.

1. NoTimeRx’s Role

NoTimeRx is a non-clinical telehealth marketplace, technology platform, administrative support company, and management services organization.

NoTimeRx does not practice medicine, nursing, pharmacy, or any other licensed health profession. NoTimeRx does not diagnose, treat, prescribe, order tests, establish medical necessity, or determine whether any medication, treatment, laboratory test, or service is appropriate for you.

Medical care is provided only by independent licensed healthcare providers or provider entities who use the NoTimeRx platform. These may include physicians, nurse practitioners, physician assistants, registered nurses, or other licensed professionals, depending on the service and applicable law. In these Terms, these independent healthcare professionals and their professional entities are referred to as “Providers.”

Your Provider, not NoTimeRx, is responsible for clinical evaluation, medical decision-making, informed consent, diagnosis, treatment decisions, prescribing decisions, documentation, follow-up, referrals, and your clinical care.

2. Acceptance of Terms

Your access to and use of the Services constitutes your agreement to these Terms, our Privacy Policy, any applicable Telehealth Consent, any applicable HIPAA Notice of Privacy Practices, any refund policy, and any additional terms, disclosures, or notices posted on or provided through the Services.

Certain features or services may be subject to additional terms. If additional terms apply, those terms are incorporated into these Terms by reference.

We may update these Terms from time to time. If we make changes, we will update the “Last Updated” date. Your continued use of the Services after changes are posted means you accept the updated Terms.

3. Eligibility

You must be at least eighteen (18) years old to use the Services.

By using the Services, you represent and warrant that:

• You are at least 18 years old.
• You have the legal right and ability to enter into this Agreement.
• You will provide accurate, complete, and current information.
• You will use the Services only for yourself unless you are legally authorized to act on behalf of another person.
• You will comply with these Terms and all applicable laws.

NoTimeRx may refuse, suspend, or terminate access to the Services if we believe you do not meet eligibility requirements or have violated these Terms.

4. Not for Emergencies

NoTimeRx is not an emergency service.

Do not use the Services for medical emergencies, psychiatric emergencies, severe allergic reactions, chest pain, trouble breathing, stroke symptoms, suicidal thoughts, severe infection symptoms, uncontrolled bleeding, loss of consciousness, or any urgent or life-threatening condition.

If you believe you may have an emergency, call 911 or go to the nearest emergency room.

5. Educational Content Is Not Medical Advice

The Services may include articles, graphics, videos, product descriptions, FAQs, blog posts, general health information, medication information, or other educational content.

This content is provided for general informational and educational purposes only. It is not medical advice, diagnosis, treatment, or a substitute for professional medical judgment.

You should not rely on website content alone to make medical decisions. Always consult a qualified healthcare provider regarding any medical condition, medication, treatment, or health concern.

6. Provider Relationship

Using NoTimeRx does not automatically create a provider-patient relationship.

A provider-patient relationship may be formed only when an independent Provider accepts or begins a clinical review, consultation, or encounter, to the extent permitted by applicable law.

NoTimeRx is not a party to the provider-patient relationship. NoTimeRx may provide technology, intake, routing, scheduling, payment coordination, messaging, administrative support, and related non-clinical services, but clinical care is provided by the Provider.

7. Telehealth Services

Telehealth may include synchronous services, such as phone or video visits, and asynchronous services, such as intake forms, questionnaires, secure messaging, photo review, medical record review, or other store-and-forward communications.

By using telehealth services through NoTimeRx, you agree to any applicable Telehealth Consent and understand that telehealth has risks and limitations.

A Provider may determine that telehealth is not appropriate for you. The Provider may request more information, require a phone or video visit, require laboratory testing, decline care, deny a prescription, discontinue treatment, or refer you to in-person care, urgent care, emergency care, or another healthcare provider.

8. Patient Location and Service Availability

Telehealth laws may require your Provider to know where you are physically located at the time of care.

You agree to provide accurate and current information about your identity, date of birth, contact information, physical location, state, health history, medications, allergies, and other requested information.

Services may not be available in every state or jurisdiction. NoTimeRx may deny, cancel, pause, or reroute a request if the Provider is not authorized to treat you based on your location, the Provider’s location, the requested service, or applicable law.

9. No Prescription, Treatment, or Outcome Guarantee

Completing an intake form, creating an account, submitting payment, requesting a medication, or using the Services does not guarantee that you will receive a prescription, treatment, lab order, diagnosis, refill, medical advice, or any particular outcome.

All clinical decisions are made by the independent Provider in the Provider’s professional judgment.

A Provider may approve treatment, deny treatment, defer treatment, discontinue treatment, request more information, require a synchronous visit, refer you elsewhere, or determine that no prescription or treatment is appropriate.

10. Your Responsibilities

You agree to:

• Provide truthful, accurate, complete, and current information.
• Update your information if it changes.
• Disclose all relevant health history, medications, supplements, allergies, side effects, pregnancy status, medical conditions, prior treatments, and contraindications.
• Follow Provider instructions.
• Read messages and notices sent through the platform.
• Complete requested follow-up, labs, testing, or monitoring.
• Seek in-person or emergency care when instructed or when medically necessary.
• Use the Services only for lawful purposes.

You understand that inaccurate, incomplete, false, or misleading information may increase the risk of harm and may result in denial, cancellation, or termination of services.

11. Accounts and Security

Some features may require an account. You are responsible for maintaining the confidentiality of your username, password, device, and account access.

You agree not to share your login credentials with anyone. You are responsible for all activity under your account.

You must notify NoTimeRx immediately at info@notimerx.com if you believe your account has been accessed without authorization or if you suspect a security issue.

NoTimeRx is not responsible for losses caused by your failure to protect your account credentials, device, or access.

12. Payments, Billing, and Refunds

You agree to pay all fees, charges, copayments, deductibles, coinsurance, cash-pay amounts, pharmacy costs, laboratory costs, shipping costs, and other amounts associated with the Services, except where prohibited by law.

Payment may be collected by NoTimeRx, a Provider, a pharmacy, a laboratory, a payment processor, or another authorized party, depending on the service.

Payment for an intake, consultation, clinical review, platform service, or telehealth service does not guarantee that a prescription, lab order, treatment, or specific outcome will be provided.

If insurance billing is available and you choose to use it, you authorize the Provider, NoTimeRx, and their authorized agents or service providers to submit claims, coordinate benefits, receive payment, and release information reasonably necessary for treatment, payment, healthcare operations, and claim processing.

You are responsible for knowing whether a Provider, telehealth service, medication, pharmacy, laboratory, or other service is covered by your insurance plan.

Refunds, if any, are governed by any refund policy posted on the Services or provided at checkout.

13. Pharmacy, Laboratory, and Third-Party Services

The Services may involve coordination with pharmacies, laboratories, payment processors, identity verification providers, communication vendors, shipping providers, or other third-party service providers.

NoTimeRx does not control independent pharmacies, laboratories, insurers, shipping carriers, or other third parties. These third parties may have their own terms, policies, practices, fees, and legal obligations.

NoTimeRx is not responsible for delays, errors, denials, shortages, substitutions, shipping issues, pharmacy decisions, lab processing issues, insurance coverage decisions, or other acts or omissions of third parties outside NoTimeRx’s control.

14. Privacy and Health Information

Your use of the Services is subject to our Privacy Policy and, where applicable, a HIPAA Notice of Privacy Practices provided by your Provider or provider entity.

NoTimeRx may create, receive, maintain, transmit, host, or process information as part of operating the platform, supporting Providers, coordinating services, processing payments, maintaining records, and complying with law.

To the extent NoTimeRx handles Protected Health Information for or on behalf of a Provider or covered entity, NoTimeRx will do so according to applicable HIPAA requirements and any applicable Business Associate Agreement.

15. Medical Records

Providers are responsible for clinical record content, medical decision-making, and clinical documentation.

NoTimeRx may maintain digital copies of intake forms, encounter documentation, communications, prescriptions, lab information, pharmacy information, and related platform records for provider access, legal compliance, operational support, payment support, security, and record-retention purposes.

You may have rights to request access to or amendment of medical records under applicable law. Requests involving medical records or Protected Health Information may be routed to the applicable Provider or provider entity.

16. Communications

By using the Services, you consent to receive communications electronically from NoTimeRx, Providers, pharmacies, laboratories, payment processors, or other parties involved in the Services.

Communications may include emails, text messages, phone calls, portal messages, account notices, appointment reminders, intake requests, payment notices, legal notices, privacy notices, and treatment-related messages.

You agree that electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

You may opt out of marketing communications where permitted, but you may still receive operational, transactional, legal, account, payment, safety, or care-related communications.

17. Prohibited Conduct

You agree not to use the Services for any unlawful, harmful, fraudulent, abusive, or unauthorized purpose.

You agree not to:

• Impersonate another person or provide false information.
• Use another person’s account without permission.
• Submit fraudulent, misleading, or inaccurate health information.
• Use the Services to seek emergency care.
• Use the Services to obtain medication for another person.
• Use the Services to obtain medication through deception, coercion, or misrepresentation.
• Request controlled substances unless expressly permitted through an approved service line and allowed by applicable law.
• Upload unlawful, defamatory, obscene, threatening, abusive, harassing, or infringing content.
• Violate another person’s privacy or intellectual property rights.
• Attempt to gain unauthorized access to the Services or related systems.
• Use bots, scrapers, crawlers, or automated tools without authorization.
• Introduce viruses, malware, denial-of-service attacks, or harmful code.
• Reverse engineer, decompile, disassemble, copy, or attempt to derive the source code of the Services.
• Interfere with the operation, security, or availability of the Services.

NoTimeRx may suspend or terminate access for suspected violations.

18. User Content and Submissions

You may submit information, forms, messages, photographs, documents, health information, feedback, suggestions, or other content through the Services.

You remain responsible for the content you submit.

You grant NoTimeRx a limited right to use, host, store, process, transmit, display, and disclose your submitted content as reasonably necessary to operate the Services, support Providers, coordinate care, process payments, provide customer support, comply with law, protect safety and security, and perform related platform operations.

This limited right does not allow NoTimeRx to sell your Protected Health Information or use your medical records for unrelated advertising.

Feedback, suggestions, ideas, or non-confidential business comments you voluntarily submit to NoTimeRx may be used by NoTimeRx without compensation, provided that NoTimeRx will not use your Protected Health Information except as permitted by law.

19. Intellectual Property

The Services, including website content, text, graphics, logos, designs, icons, software, workflows, forms, templates, images, videos, code, trademarks, service marks, and other materials, are owned by NoTimeRx or its licensors and are protected by intellectual property laws.

You may use the Services only for your personal, non-commercial use, unless NoTimeRx gives written permission otherwise.

You may not copy, modify, reproduce, distribute, sell, license, display, publish, create derivative works from, or exploit any part of the Services except as expressly allowed by these Terms.

NoTimeRx, NoTimeRx logos, and related names, graphics, and branding are trademarks or service marks of NoTimeRx or its affiliates. You may not use them without prior written permission.

20. Copyright Complaints

If you believe that content on the Services infringes your copyright, you may contact us at info@notimerx.com with:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material claimed to be infringing and information reasonably sufficient to locate it.
• Your contact information.
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

We may remove content and terminate accounts of repeat infringers where appropriate.

21. Third-Party Content and Links

The Services may contain links to third-party websites, content, products, pharmacies, laboratories, payment processors, or other services.

NoTimeRx does not control and is not responsible for third-party websites, content, privacy practices, terms, products, services, or actions.

Links are provided for convenience only and do not imply endorsement unless expressly stated.

You access third-party services at your own risk.

22. Testimonials and Results

The Services may include testimonials, reviews, case examples, or user experiences.

Testimonials reflect individual experiences and do not guarantee that you will have the same or similar results.

NoTimeRx does not guarantee any medical outcome, aesthetic outcome, treatment response, medication response, side-effect profile, or result.

23. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NOTIMERX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND NON-INFRINGEMENT.

NOTIMERX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES, OR SUITABLE FOR YOUR NEEDS.

NOTIMERX DOES NOT WARRANT OR GUARANTEE ANY PROVIDER DECISION, PRESCRIPTION, TREATMENT, PHARMACY FULFILLMENT, LABORATORY RESULT, INSURANCE COVERAGE, OR MEDICAL OUTCOME.

Some jurisdictions do not allow certain warranty limitations, so some of these limitations may not apply to you.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOTIMERX AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, VENDORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, EMOTIONAL DISTRESS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

NoTimeRx is not liable for:

• Clinical decisions, medical advice, diagnosis, treatment, prescribing, documentation, or care provided by independent Providers.
• Your failure to provide accurate or complete information.
• Your failure to follow Provider instructions.
• Your failure to seek in-person or emergency care.
• Pharmacy, laboratory, insurer, payment processor, shipping carrier, or third-party conduct outside NoTimeRx’s control.
• Technology failures, internet outages, platform interruptions, or security incidents not caused by NoTimeRx’s gross negligence or willful misconduct.
• Unauthorized access caused by your failure to protect your account, device, or credentials.

To the fullest extent permitted by law, NoTimeRx’s total liability for any claim arising out of or relating to the Services will not exceed the amount you paid directly to NoTimeRx for the service giving rise to the claim during the six months before the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

25. Indemnification

You agree to defend, indemnify, and hold harmless NoTimeRx and its owners, officers, directors, employees, contractors, agents, affiliates, vendors, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of applicable law.
• Your violation of another person’s rights.
• Information or content you submit.
• Your fraud, misrepresentation, or inaccurate information.
• Your unauthorized use of another person’s account, identity, payment method, or health information.

NoTimeRx reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

26. Suspension and Termination

NoTimeRx may suspend or terminate your account or access to the Services at any time if we believe you have violated these Terms, created a safety risk, submitted false information, misused the Services, failed to pay amounts owed, violated applicable law, threatened security, or used the Services in a way that may create legal, clinical, operational, or regulatory risk.

NoTimeRx may also modify, pause, discontinue, or restrict all or part of the Services at any time.

Termination of your account does not relieve you of payment obligations incurred before termination.

Sections that by their nature should survive termination will survive, including payment obligations, privacy, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and miscellaneous terms.

27. Account Holds and Payment Review

NoTimeRx may place a hold on transactions, refunds, account activity, or access if we believe there may be fraud, suspicious activity, unauthorized payment use, chargeback risk, security risk, legal risk, or misuse of the Services.

NoTimeRx will use commercially reasonable efforts to review and resolve account holds in a reasonable time.

28. Marketing and CAN-SPAM Compliance

We may send marketing communications where permitted by law.

You may unsubscribe from marketing emails by using the unsubscribe link in the email or by contacting info@notimerx.com.

You may still receive non-marketing communications, including account notices, payment notices, legal notices, appointment reminders, patient-safety messages, and care-related communications.

29. Export Compliance

You agree not to use, export, re-export, or transfer the Services, content, software, or data in violation of U.S. export control laws or sanctions laws.

You represent that you are not located in a sanctioned country and are not a prohibited person under applicable sanctions or export control laws.

30. Dispute Resolution

Before filing a claim, you agree to first contact NoTimeRx at info@notimerx.com and attempt to resolve the dispute informally.

If the dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration, except where applicable law gives you a right to bring the claim in court or prohibits arbitration.

The arbitration will be administered by the American Arbitration Association under its applicable rules. Unless applicable law requires otherwise, arbitration will take place in New York, New York, or by remote appearance if permitted by the arbitrator.

You and NoTimeRx waive the right to a jury trial to the fullest extent permitted by law.

31. Class Action Waiver

To the fullest extent permitted by law, you and NoTimeRx agree that disputes must be brought only on an individual basis and not as a class action, class arbitration, collective action, representative action, or consolidated proceeding.

The arbitrator may not consolidate one person’s claims with another person’s claims or preside over any class, collective, or representative proceeding unless required by law.

32. Governing Law

These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict-of-law rules.

This governing-law clause does not limit or replace any mandatory healthcare, telehealth, prescribing, patient-record, privacy, consumer-protection, professional-licensure, insurance, or other laws that apply based on your location, the Provider’s location, the service line, or other facts.

33. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed, and the remaining provisions will remain in effect.

34. No Waiver

NoTimeRx’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Any waiver must be in writing and signed by NoTimeRx.

35. Assignment

You may not assign or transfer your rights or obligations under these Terms without NoTimeRx’s prior written consent.

NoTimeRx may assign or transfer these Terms, in whole or in part, to an affiliate, successor, acquirer, financing party, or entity involved in a merger, acquisition, reorganization, sale of assets, or similar transaction.

36. Force Majeure

NoTimeRx is not responsible for delays, interruptions, failures, or nonperformance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, power outages, internet failures, vendor failures, equipment failures, cyberattacks, government action, public health emergencies, supply shortages, pharmacy delays, laboratory delays, or other events outside our reasonable control.

37. Entire Agreement

These Terms, together with the Privacy Policy, Telehealth Consent, any HIPAA Notice of Privacy Practices, refund policy, and any additional terms posted or provided through the Services, constitute the entire agreement between you and NoTimeRx regarding your use of the Services.

38. Contact Us