Terms of use

Welcome to Qilo! These Terms and Conditions ("Terms") outline the rules and regulations for the use of Qlio's website and any associated services or applications (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. The use of the terms "Qilo," "we," "us," or "our" in these Terms refers to Qilo Health its affiliates.

Please read these Terms carefully. By accessing or using the Platform, clicking "I Agree," or utilizing any acceptance protocol presented through the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree with any part of these Terms, you may not use the Platform or any services provided through it.

The services provided by Qilo may include various offerings, and your use of these services is subject to these Terms. These offerings may be provided by third-party service providers or affiliates contracted by Qilo. Any use of these services is also subject to these Terms.

ARBITRATION NOTICE: You acknowledge and agree that any disputes or claims arising out of or relating to these Terms or the services provided by Qilo will be resolved through binding individual arbitration. By accepting these Terms, you waive your right to participate in a class action lawsuit or class-wide arbitration. We explain certain exceptions and your right to opt out of arbitration further below.

These Terms are subject to change, and any modifications will be communicated to you through the Platform. Your continued use of the Platform after any such modifications constitutes your acceptance of the updated Terms.

Your Relationship with Qilo

At Qilo, we do not directly provide medical services. Instead, we offer a platform through which individuals who register as users can access certain products and services provided by Qilo, Providers, and third-party pharmacies. It's important to note that all Providers, and Pharmacies are independent entities separate from Qilo, and they use our platform to facilitate communication with you.

We do not exert control or interfere with the practice of medicine by any Providers. Each Provider is solely responsible for the medical care and treatment they provide. By accepting these Terms, you acknowledge that Qilo is not a healthcare provider, and your use of our services does not establish a doctor-patient or other healthcare provider-patient relationship with us. Instead, your interaction with one or more Providers may lead to a doctor-patient or healthcare provider-patient relationship with them.

Any information or advice received from a Provider originates from the Provider and not Qilo. These interactions are not intended to replace your relationship with your regular healthcare practitioners. Neither Qilo, its subsidiaries, affiliates, nor any third party that promotes or links to our services will be held liable for any professional advice obtained from a Provider or through our services or for any other information acquired on the platform.

Qilo does not endorse specific tests, providers, or recommendations by Providers or using our services. We do not make representations or warranties regarding the training or skill of healthcare Providers who offer services via our platform. You acknowledge that any reliance on Providers, or information provided by them through our services is at your own risk, and you assume full responsibility for any associated risks.

By accepting these Terms, you agree and acknowledge that any services received from Providers, or Pharmacies via our platform are also subject to these Terms, and these entities are considered third-party beneficiaries of these Terms.

Qilo does not exercise control or interference with the professional services provided by Providers, or Pharmacies. Each of these entities is solely responsible for delivering the professional services offered through our services.

Informed Consent for Telehealth Services

Telehealth involves the delivery of healthcare and mental health services through electronic means, connecting healthcare providers or mental health professionals with patients who are not physically present in the same location. While telehealth offers potential benefits, it does not replace in-person care in all situations.

To access and use Qilo's Services, you must carefully review and agree to this Informed Consent for Telehealth Services. By accepting this Consent, you consent to:

• Understand the potential benefits and risks of telehealth services.
• Voluntarily receive medical care and treatment from Qilo Providers, including the use of telehealth.
• Acknowledge your right to decline any recommended treatment.
• Understand that telehealth may not be suitable for all medical needs.

Please note that the electronic systems used by Qilo incorporate information security protocols to protect the privacy and security of your Personal Information. While we implement various safeguards, we cannot ensure absolute privacy and confidentiality. For a detailed understanding of how Qilo manages and protects your Personal Information, please refer to our Privacy Policy.

By accepting this Informed Consent for Telehealth Services, you acknowledge that Qilo is a third-party beneficiary of this agreement with the right to enforce it against you.

Electronic Communications

When using Qilo's Services, including sending emails, text messages, and other communications from your device, you acknowledge and agree to receive electronic communications from us. By using the Services, you consent to the use of electronic communication for all agreements, notices, and consents. Additionally, you agree that any notices, disclosures, and other communications provided to you electronically satisfy all legal requirements that such communications be in writing.

You also acknowledge that Qilo, Providers, and affiliated entities may send you communications, invitations, reminders, and other messages through the Platform or by email, text message, phone, or other forms of communication. These communications may include automated messages and notifications, and you agree to promptly notify Qilo of any changes to your contact information. Please note that unsecured communications may pose a risk to the confidentiality and privacy of information being transmitted.

You have the option to opt out of receiving automated messages at any time by contacting Qilo at hello@qilo.com or by replying "STOP" to any automated text message.

In addition, by signing up for the Services, you grant Qilo and affiliated entities the permission to communicate with you electronically, including via telephone, mail, text, or email, regarding the Program or Services. You understand that such information may not be protected by encryption technology, and you agree to keep your contact information updated to ensure accuracy. Your agreement to conduct actions electronically covers all interactions between you and Qilo.

Qilo may also request additional information from you to verify your identity and usage of the Services. Failure to provide the requested information within the specified timeframe may result in the suspension or discontinuation of your access to the Services and Program.

Subscription Products

Certain Services and products available for purchase through the Platforms may require you to obtain the product on a subscription basis. This means that your payment method will be automatically charged at regular intervals, as detailed in the offer terms presented during the checkout process until you cancel your subscription following these terms.

We offer a range of subscription plans at different price levels. Please review the additional terms applicable to your specific subscription plan at the time of checkout. To the extent permitted by law, subscription fees are non-refundable and final, subject to an early termination fee unless explicitly stated otherwise.

We retain the right to issue refunds or credits at our discretion. The issuance of a refund or credit in one instance does not obligate us to provide the same refund or credit in the future. If we terminate your subscription due to non-payment or for violating these Terms or the Privacy Policy, any applicable early termination fees will be charged immediately upon cancellation. If you decide to cancel your subscription and re-enroll at a later date, you will be subject to any rate increases in effect at the time of re-enrollment.

You acknowledge that your subscription fees may vary from those paid by other users of the Services, as they may have access to discounts or promotions that you are ineligible for or that were not available when you initially signed up.

The subscription fee will remain constant during the initial program commitment period ("Original Commitment Term"). However, sales taxes and other government-imposed fees are not included in the subscription price and may be added or adjusted at any time as required by law.

To enhance the user experience on the Platform, you will only view and pay a "total" subscription price. However, if a subscription for Services includes a consultation with a Provider and/or incorporates a prescription product filled through a Pharmacy, the prescription fee will be issued as a separate bill. In such cases, we will collect fees from you for the Providers, and Pharmacies, and forward the applicable amounts to them.

Prescription Products

Certain products available through the Platform require a valid prescription from a licensed healthcare Provider. To obtain a prescription product, you must follow these steps:

1. Complete a consultation with one of the Providers through the Platform.
2. The Provider will assess your condition and, if appropriate, write a valid prescription.

If a Provider determines that a prescription product is suitable for you and issues a prescription, you will receive guidance on how to obtain the medication. Here are the options available for filling your prescription:

• Some prescriptions can be filled through one of the Pharmacies, directly through the Platform.
• Alternatively, you can fill the prescription at any pharmacy of your choice. In this case, please notify us by emailing hello@qilo.co.

If you successfully complete a consultation with a Provider and decide to fill your prescription through one of the Pharmacies, the prescription product will be shipped to your location. It's important to note that, for safety reasons, we cannot accept returns of prescription products for reuse or resale.

Please be aware that prescriptions filled by the Pharmacies may not be dispensed in child-resistant packaging. Consequently, prescription products may not be provided in child-resistant containers.

Third-Party Goods and Services

Qilo provides access to a wide range of services, products, and offerings made available by Third-Parties, which include Providers, and Pharmacies, as well as certain services, devices, items, or products from Third-Parties ("Third-Party Goods and Services"). Your interactions with Third-Parties, your financial transactions, and any other terms or conditions associated with these interactions are solely between you and the Third-Parties involved. You should perform any necessary due diligence or inquiries before engaging in any online or offline transactions with Third-Parties or utilizing Third-Party Goods and Services. You bear the sole responsibility for your use of the Services and for sharing personal information with any Third-Party.

You acknowledge that Qilo is not liable for any loss or damage, whether direct or indirect, that arises from your use of the Services, including Third-Party Goods and Services or your interactions with Third-Parties. In the event of a dispute between you and any Third-Party or any other entity or individual, you understand and agree that Qilo is not obligated to become a party to such dispute. You hereby release and indemnify Qilo, its corporate parents, subsidiaries, affiliates, as well as their respective past, present, and future contractors, directors, officers, employees, and agents (collectively, "Qilo Parties") from any and all claims and damages, known or unknown, arising out of or related to such disputes or your use of the Services.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected the settlement."

It is important to note that certain Qilo Owners and Personnel may have a financial interest in one or more Third-Parties, and they may benefit from your utilization of Third-Party Goods and Services.

Cancellation

You or Qilo may terminate or cancel your subscription for the Services at any time. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you subscribe to a plan with a predetermined commitment period and decide to cancel before the end of the commitment plan period, you will be charged an early termination fee as indicated in the plan offer terms.

You can cancel your subscription before the renewal processing date of your subscription through the Services by emailing hello@qilo.com and requesting a cancellation. Please be aware that canceling your subscription is your sole right and remedy for any dispute with us, including but not limited to disputes related to these Terms, Qilo's policies, content on the Platform, your access to and use of the Platform, or our fees and charges.

Upon canceling or terminating your subscription for the Services, we may immediately deactivate your access to the Platform, and your access to Providers and prescription medication will cease on the cancellation date. To avoid disruptions in your access to prescription medication, please plan accordingly.

We will strive to process all cancellation requests promptly. If you cancel near the end of your billing period and are inadvertently charged for the following period, contact hello@qilo.com to have the charges reversed.

Eligibility; Availability

Please note that certain Services may not be available to individuals in specific countries. The Services are intended for users located within the United States and Nigeria. Access to the Services from other countries or territories or by individuals residing outside the United States, Nigeria, or in states where the Services are not available is prohibited. Some products accessible through the Services may be subject to age restrictions, and not all products or Services on our Platform are available to users of all ages.

In certain situations, the Services may not be the most suitable means for you to communicate with, provide information to, or seek medical care and treatment from a healthcare provider. For example, specific medical conditions may necessitate in-person procedures or visits to a healthcare provider other than your Provider. In such cases, you may receive a notification indicating that you cannot continue using the Services. We retain the right to change requirements or modify the availability of the Services at our sole discretion without prior notice.

Platform Access, Security and Restrictions; Passwords

When creating a subscriber account for the Platform, you agree to provide accurate and complete information during the registration process as required by Qilo. You are responsible for all activities that occur under your account. If access to the Platform or specific portions requires a user ID and password ("Protected Areas"), you commit to accessing these areas exclusively using your user ID and password. Safeguard the confidentiality of your user ID and password and do not share or disclose them to third parties. You are fully responsible for all activities conducted under your user ID.

You are prohibited from violating or attempting to violate the Platform's security, including unauthorized data access or accessing servers or accounts without permission. Do not try to probe, scan, test system vulnerabilities, or breach security measures without proper authorization. Usage of the Services or any part thereof without authorization or in violation of these Terms or applicable law is strictly prohibited.

Do not employ scrapers, crawlers, spiders, robots, or other automated methods to access or copy data on the Platform, deep-link to any feature or content, or bypass our protective measures. Violating system or network security may result in civil or criminal liability. Qilo will investigate potential violations and cooperate with law enforcement in prosecuting individuals involved in such activities. Refrain from using devices, software, or routines that may interfere with the Platform's proper functioning or any activity conducted on the Platform. Qilo reserves the right to revoke your access to the Platform and Services at any time, with or without cause.

Monitoring Your Use

At Qilo, we take the responsibility of ensuring the quality of our Services seriously. To maintain the high standards we aim for, we reserve the right to monitor the general use of our Services at our discretion. In cases where we believe content might be illegal, pose a liability risk, violate our Terms, or go against our mission, we may take action to remove such materials.

License and Access

The content on our Platform, collectively known as "Content," including files, documents, text, photographs, images, audio, and video, cannot be copied, distributed, modified, reproduced, published, sold, or otherwise exploited without written authorization from Qilo. Framing or using framing techniques to enclose any of our proprietary information, such as our name, trademarks, service marks, or logos, is not allowed without our express written consent. You may not use meta tags or hidden text that utilizes our name or trademarks without our permission.

By following these Terms and completing payment obligations, Qilo and its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of our Services for your personal benefit. This license does not extend to reselling or commercially exploiting our Services, collection and use of service listings, descriptions, or prices, creating derivative works, or unauthorized downloading, copying, or use of account information for third-party purposes.

Respecting Copyrights and Trademarks

You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included in our Services. The stylized name and related graphics, logos, service marks, and trade names used in connection with our Services are the exclusive trademarks of Qilo and should not be used without our permission. Any other trademarks, service marks, or trade names found in our Services belong to their respective owners.

Accuracy and Integrity of Information

Although we do our best to maintain the integrity and accuracy of our Platform, we cannot guarantee perfection. There might be occasional typographical errors, inaccuracies, or unauthorized changes made by third parties. If you notice any inaccuracies, please inform us so we can make the necessary corrections. Information on the Platform can change without prior notice. We are not responsible for content posted by third parties on our Platform.

External Links

We'd like to emphasize that we have no control over external websites you may access through our Platform. These websites are independent of Qilo, and we don't endorse or assume responsibility for their content. When visiting external websites, it's your responsibility to ensure the content is free from viruses, worms, Trojan horses, or other harmful elements.

Sales Terms

Our products and Services are subject to availability, and we reserve the right to limit quantities or reject orders, even after they are placed. In case of an error, we may correct it and adjust your order accordingly, or cancel the order and provide a refund. While prices for our products and Services may change, your order will not be affected if it has already been placed.

You are responsible for any applicable taxes related to your purchase. If we are required to collect taxes, we will provide an estimate at checkout. However, the actual tax amount may vary from what's shown during checkout. If we do not collect taxes in your state, you are responsible for reporting and paying them directly.

By subscribing to our products and Services, you authorize us to charge your selected payment method for all relevant charges, including taxes. Charges are nonrefundable, except where required by law. Only valid payment methods acceptable to us may be used for your purchase. By providing your information, you grant us the right to share it with third parties involved in facilitating the transaction.

Handling User Information

In the event that you submit, upload, post, or transmit any User Information to our Platform, you agree to ensure that the information provided is accurate and doesn't violate any of our specified guidelines. User Information should not be false, inaccurate, defamatory, abusive, unlawful, or contain harmful elements. Additionally, it should not infringe on any intellectual property rights or transmit viruses or harmful components. You are not allowed to contact other Qilo customers through unsolicited communication methods. By providing User Information to Qilo, you confirm that you have the legal right and authorization to provide such information.

License for User Information

Any User Information you transmit to Qilo through the Services, to the extent allowed by applicable law, will be treated as non-confidential and non-proprietary. Subject to your chosen account settings, you grant Qilo a non-exclusive, fully paid, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right and license to use, modify, adapt, distribute, reproduce, publicly perform, and publicly display the User Information for the purpose of providing Services to you and other users. You agree that you are responsible for all User Information you provide and grant Qilo the right to edit, duplicate, or alter the User Information as deemed necessary.

Copyright Infringement Claims

At Qilo, we respect the intellectual property rights of others and expect the same from our users. We are not responsible for any copyrighted materials posted on our Platforms. In accordance with the Digital Millennium Copyright Act (DMCA), we respond promptly to notices of alleged infringement. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

If you are a copyright owner or authorized to act on behalf of one, please report alleged copyright infringements taking place on our Platforms by sending us a Notice that complies with the outlined requirements. Provide your details and a description of the copyrighted works that have been infringed, and specify the infringing material or link. Include a statement confirming that the information provided is accurate, and sign the Notice with your full legal name. You can deliver the Notice to our designated copyright agent either by mail or email, using the information provided below.

Opt-Out Procedure

If you wish to opt out of the provisions in these Terms that mandate arbitration of Disputes with Qilo, you must do so within 30 days from the date you initially agree to any version of these Terms that require arbitration of Disputes with Qilo. To opt-out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of the arbitration requirement for Disputes with Qilo. You can send this request to Qilo Health Inc., 251 Little Falls Dr, Wilmington, DE 19808, USA, Attn: General Counsel.

Notice of Dispute

Before you initiate arbitration for a Dispute, you must provide us with a written Notice of Dispute that includes your name, residential address, username (if applicable), email address associated with your account (if applicable), a detailed description of the Dispute, and the relief you seek. If we intend to initiate arbitration against you, we will also provide you with a written Notice of Dispute that describes the Dispute and the relief we seek. You should mail any Notice of Dispute to Qilo Health, 251 Little Falls Dr, Wilmington, DE 19808, USA Attn: General Counsel. If we cannot resolve a Dispute within 30 days after receiving the Notice of Dispute, either party may begin arbitration. If Qilo makes any substantial modifications to the provisions governing arbitration or dispute resolution in the future, such changes will not apply to any Dispute between you and Qilo for which both parties have previously provided written Notices of Dispute in accordance with this paragraph. Furthermore, if Qilo makes substantial changes to the provisions governing arbitration or dispute resolution, you can reject these changes by sending a written notice of rejection to Qilo Health Inc., 251 Little Falls Dr, Wilmington, DE 19808, USA, Attn: General Counsel, within 30 days of the effective date of such modifications.

Limited Time to Bring Claims

Any cause of action or claim related to these Terms or the Services must be initiated within one (1) year after the cause of action accrues, or else the claim is permanently barred.

Successors and Assigns

Qilo may freely assign and delegate its rights and obligations under these Terms without notice to you. This includes the right to use the data it collects and maintains, subject to the Privacy Policy. You are not allowed to assign or delegate any of your rights or obligations under these Terms. These Terms are binding on the parties involved and their respective successors and permitted assigns.

Force Majeure

Qilo will not be considered in breach of these Terms or liable for any breach of these Terms or the Privacy Policy due to any event or occurrence beyond its reasonable control. This includes acts of God, pandemics, terrorism, war, invasion, failures of public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disasters.

Indemnity

You agree to defend, indemnify, and hold Qilo and its affiliates, along with their respective officers, directors, managers, partners, employees, agents, licensors, and suppliers, harmless from and against any third-party claims, demands, damages, liabilities, costs, and expenses, including reasonable attorneys' fees. This indemnification relates to claims arising from your (1) breach of these Terms, (2) violations of applicable laws, regulations, or rules, or (3) unauthorized use of material or features available through the Platforms. Qilo will only exercise its rights in this section after addressing applicable claims with your employer or health plan if you access the Services through your employer or health plan.

Right to Modify Revisions; General

Qilo reserves the right to modify these Terms at any time, with the changes taking effect upon posting. Your use of the Services following such changes will be considered as acceptance of the modified Terms. You should review the Terms each time you access the Services to stay aware of any changes. Qilo uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about visitors. Qilo has no control over these cookies. If a material modification to the Terms governing arbitration or dispute resolution occurs in the future, it will not apply to Disputes for which both parties have already provided written Notices of Dispute in accordance with this paragraph. In the event of any dispute, these Terms, Privacy Policy, and any specific plan terms communicated at the time of checkout will govern the situation. Qilo may, at its sole discretion, terminate your access to all or part of the Platform, with or without cause, and with or without notice.

Third-Party Distribution Channels

Qilo offers software available through Distribution Channels such as the Apple App Store, Google Play Store, and other distribution channels. If you obtain such software through a Distribution Channel, you may be subject to additional terms. These Terms apply solely between you and Qilo, not with the Distribution Channel. If you use third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Updates to these Terms

As part of our ongoing efforts to enhance our Services, these Terms may require periodic revisions. We retain the right to modify the Terms at our discretion. If changes are made, we will provide notice through the Services, send you an email, or use alternative means to inform you. If you do not consent to the updated Terms, you have the option to decline them, although this will result in your inability to continue using the Services. Should you use the Services following the implementation of revised Terms, your actions signify your acceptance of all the modifications.