Terms and Conditions of Use

Last updated: November 15, 2018

 

You are entering into a contract with MISTR, Inc., A Professional Corporation.

Use of the App and Website. MISTR, Inc., A Florida Professional Corporation, (“we “, “us”, or “our “, “MISTR”), operates this MISTR mobile application (the “App”) and Website. Through the App and Website we offer a self-pay online telemedicine service (the “Service”) that, when clinically appropriate, lets men currently located in the states where we operate (the “States Where We Operate”) get care from our third-party medical team that consists of doctors, physicians and nurse practitioners.  If you request to use the Service and our third-party medical team consider it appropriate, they will give you a prescription and send it to a pharmacy licensed in your state. You pay the pharmacy for the cost of the medicines if not covered by your insurance. Some MISTR services require our third-party medical team to order you lab tests. By downloading or using the App or Website, you agree to be bound by these Terms and Conditions of Use, the Consent to Telehealth, and the Privacy Policy that appear on the App and Website. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the App or Website.

    • ‘Jailbreaking’ the mobile operating system. The App is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect health information that ‘individually identifies’ you from unauthorized or unintended disclosure. You may compromise your health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms and Conditions of Use.
    • App and Website Content. Other than the personalized content we send you in a message within the App or Website or the personalized advice we give you during a video visit, you should not consider content on the App or Website to be medical advice.
    • User Accounts. When you register on the App or Website, you need to create an account (“Account”) by entering your name, email address, password, telephone number, physical address and certain other information we need to know in order to provide the Service. You may not transfer or share your Account password with anyone, or create more than one Account. If you create more than one Account this substantially limits our ability to provide appropriate care because we have no way of linking your various accounts and no way of knowing that previous accounts you set up relate to you. If you create more than one Account this increases the chances that you will experience serious adverse events from any medicines we prescribe. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘Account’ within the App or Website. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of your Account. You may not use anyone else’s account at any time.
    • Access Rights. We hereby grant to you a limited, non-exclusive, non-transferable right to access the App or Website from a device located in the States Where We Operate and to use the Service solely for your personal non-commercial use and only as permitted under these Terms and Conditions of Use, Consent to Telehealth, and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App or Website to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the App or Website to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App or Website; (d) distribute viruses or other harmful computer code through the App or Website or (e) otherwise use the App or Website in any manner that exceeds the scope of use granted above.

  • Fees and Payment. You agree to be responsible for the payment of all fees when due.

 

  1. Lab Testing and Consultation Fees will be paid at the time of purchase. If you purchase a subscription, your credit card will be charged in accordance with the subscription frequency you select (for example, monthly, quarterly, or bi-annually) at the beginning of the month for the Subscription Fee. 

 

  1. In the event, there is a co-pay imposed by your insurance company for any medication prescribed that MISTR cannot get covered for you through the drug makers’ co-pay card program, you authorize MISTR to charge your credit up to $30 without any further consistent.

 

  1. All fees are as quoted on the App or Website. We may revise our fees from time to time in our discretion. We will provide you with notice of any increase in the Subscription Fee by email or by posting on the Site. 
  2. If you purchase a subscription, you agree to keep your credit card information current. If the credit card you use for the Subscription Fee becomes invalid or declined, we will contact you by email so that you can update the card information. Failure to update your credit card information within ten days may result in termination of your account. 
  3. When and where available, payment of the Consultation Fee will allow you to schedule an appointment with a Health Consultant. If you cancel a scheduled appointment with a Health Consultant without providing the required prior notice as described on the Site, you will be charged a $25 cancellation fee. 
  4. If you decide to cancel your at-home testing kit request, $25 USD per test kit will be subtracted from the refund amount for up to 60 days from when you first placed your order. If you have already received your kit(s), returned your sample(s) to the lab, no refund will be issued. MISTR will not refund any orders that are more than 60 days old. You may email us at [email protected] for assistance with refunds. 
  5. If you decide to cancel your in-person lab visit, $25 USD will be subtracted from the refund amount. If you have already received your kit(s), returned your sample(s) to the lab, no refund will be issued. MISTR will not refund any orders that are more than 60 days old. You may email us at [email protected] for assistance with refunds. 
  6. If you return at-home testing kit request without adequate samples required for testing, as per the enclosed instructions, a new kit will be sent to you for an additional $25 USD.
  7. If MISTR determines that you have used the App or Website in a way inconsistent with the outlined policies, we reserve the right to suspend your account and not provide a refund.
  • Ownership. The App and Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by MISTR and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions of Use permit you to use the App or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website except as generally and ordinarily permitted through the App or Website according to these Terms and Conditions of Use. You must not access or use for any commercial purposes any part of the App or Website.
  • Trademarks. Certain names, logos, and other materials displayed on the App or Website may constitute trademarks, trade names, service marks or logos (“Marks”) of MISTR or other entities. You are not authorized to use any such Marks without the express written permission of MISTR. Ownership of all such Marks and the goodwill associated therewith remains with us.
  • Feedback. By your submitting, posting, or displaying content of any kind (“User Content”), you (i) represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use and distribute your User Content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by us and this Agreement, and (ii) give us, our affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Site, our blog, our related websites or by other means. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the provision of Services, in accordance with our Privacy Policy, as well as our HIPAA Privacy Authorization and Consent for Services, if applicable. You acknowledge and agree that all User Content you submit to us, including, but not limited to, feedback data, such as questions, comments, suggestions and any other response is deemed to be nonconfidential. User Content does not include Protected Health Information that you may provide or submit to us when requesting tests or Services. You are responsible for all User Content that you post on our Site. You may not post User Content that: is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission); infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; is off topic; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to our servers.

 

  • No Medical or Health Services. You acknowledge that we are neither a health advisor or a testing lab, and we do not provide medical, health or other professional services or advice, nor do we ourselves perform any testing on your samples. You acknowledge that Health Consultants are not employees of MISTR and are not providing services on behalf of MISTR, but instead are independent professionals solely responsible for the services each provides to you.

 

  • Termination. MISTR may suspend or terminate your use of the App or Website for any reason at any time. Subject to applicable law, MISTR reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App or Website pursuant to its internal record retention and/or content destruction policies. After such termination, MISTR will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
  • Right to modify. We may at our sole discretion change, add, or delete portions of these Terms and Conditions of Use at any time on a going-forward basis. Continued use of the App or Website following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions of Use, inclusive of such changes.
  • DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE APP OR WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE APP AND WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MISTR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
  • LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MISTR OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
  • Indemnification. You agree to indemnify, defend, and hold harmless MISTR, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
  • Geographical Restrictions. You may only use the App or Website from a device located in the States Where We Operate. MISTR makes no representation that the App or Website is appropriate or available for use in locations outside the states in which we operate.
  • Miscellaneous. These Terms and Conditions of Use and your use of the App or Website shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Conditions of Use will be resolved exclusively by final and binding arbitration in Miami, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Miami, Florida, for any action related to these Terms and Conditions of Use.

You understand that by checking the box “YES, I UNDERSTAND ACCEPT POLICIES OF MISTR” you agree to these Terms and Conditions of Use, the Consent to Telehealth and Privacy Policy, when they are presented to you on the App or Website you are agreeing to these Terms and Conditions of Use and the Consent to Telehealth and Privacy Policy and that such action constitutes a legal signature. No waiver by MISTR of any term or condition set forth in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MISTR to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App or Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA.

One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to MISTR, 1521 Alton Road, #463, Miami Beach, FL 33139, USA.