Terms and Conditions

1. Acceptance

These Terms and Conditions (“Terms”) form a binding contract between you and Crystal Clear RX Wellness, a Delaware series limited liability company operated as a subsidiary of Crystal Clear RX, LLC, also a Delaware LLC (“Crystal Clear,” “we,” “us,” or “our”). They govern your access to, and use of, ccrxpharm.com (the “Site”), the Site’s account portal, our membership programs, and any related services (together, the “Services”).

When you create an account, request a consult, enroll in a membership, or otherwise use the Services, you agree to these Terms and to our Privacy Policy and 503A Disclosure, which are incorporated by reference. If you don’t agree, please don’t use the Services.

2. Eligibility

By using the Services, you represent and warrant that:

• You are at least 18 years old and able to form a binding contract under applicable law.
• You are a resident of, and physically located in, a U.S. state where the Partner Pharmacy is licensed and able to ship.
• Everything you tell us is accurate, current, and complete, and you will keep it that way.
• Nothing in applicable law bars you from receiving the Services.

We can refuse the Services to anyone for any lawful reason and at any time. The availability of any specific compounded preparation, and the eligibility of any specific state for fulfillment, is determined by the Partner Pharmacy based on its licensure and applicable law. That can change without notice.

3. What Crystal Clear is, and what it is not

Crystal Clear is not a pharmacy. We are not a healthcare provider. We do not practice medicine. We operate as a management services organization (“MSO”), handling the administrative, marketing, account management, membership, and technology side of the business. We do not prescribe medications, diagnose conditions, deliver clinical care, or dispense drugs.

• Clinical services are delivered by independent licensed clinicians (each, a “Provider”) who use the Qualiphy telehealth platform (the “Telehealth Platform”). Providers are independent contractors. They are not employees of Crystal Clear, and they exercise their own clinical judgment.
• Compounded medications, when prescribed, are dispensed by Precision Pharma Corp (the “Partner Pharmacy”), a 503A compounding pharmacy at 555 Heritage Drive, Lab 143, Jupiter, FL 33458.

Anything you read on the Site is for general informational purposes. It is not medical advice. It is not a substitute for advice or treatment from a qualified healthcare professional. Do not use it to diagnose, treat, cure, or prevent any condition. If you have a medical question, talk to your physician or another qualified clinician.

4. Your account

Some of the Services require an account. You agree to provide accurate and complete information when you sign up and to keep it updated. You are responsible for safeguarding your password and for everything that happens under your account. Contact us right away at sales@ccrxpharm.com if you think your account is being used without your permission. We are not responsible for losses caused by your failure to keep your credentials private.

5. Memberships

5.1 Direct-to-consumer (D2C) memberships

Our D2C memberships are sold on a recurring three-month term. The three months mirror the validity period of a typical compounded prescription. The term begins on the date your enrollment is processed and runs for three months. After that, the membership automatically renews for successive three-month terms at the then-current rate, unless and until you cancel it under Section 5.3.

5.2 Provider memberships

Memberships purchased on behalf of, or in connection with, a healthcare provider’s patient panel (“Provider Memberships”) are offered on an on-demand basis. Pricing, term length, billing cadence, included services, and cancellation rights are governed by the order form or program agreement under which the Provider Membership is purchased. If that order form or program agreement conflicts with these Terms, the order form or program agreement controls only as to the specific terms in conflict.

5.3 Cancellation

You can cancel your membership at any time, as long as you do it before the next scheduled shipment. To cancel, email sales@ccrxpharm.com, call (813) 215-2818, or use any in-account cancellation tool we make available. Cancellation takes effect immediately. It does not entitle you to a refund of any membership fee already paid for the then-current term, except where the law requires a refund. Once a shipment has shipped, that shipment is final, and it is non-refundable under Section 11.

5.4 Auto-renewal disclosures

Enrolling in a recurring membership means authorizing us, through Paymatrix, to automatically charge the payment method on file at the start of each renewal term, at the then-current price, until you cancel. Pricing can change with reasonable advance notice. Any change applies only to renewal terms beginning after the notice. We will send a renewal reminder, billing receipt, or other notice when applicable law requires it.

6. The consult

When you request a consult on the Site, your contact information is transmitted to the Telehealth Platform so that a Provider can contact you to schedule and conduct it. Whether to write a prescription is up to the Provider, based on their independent professional judgment after evaluating you. We do not guarantee that any consult will result in a prescription, that any particular medication will be prescribed, or that any particular clinical outcome will follow.

7. Compounded medications and Section 503A

Compounded medications dispensed in connection with the Services are prepared under Section 503A of the Federal Food, Drug, and Cosmetic Act, for an individually identified patient, pursuant to a valid prescription from a licensed Provider. Compounded medications are not FDA-approved drug products. The FDA has not evaluated them for safety, effectiveness, or quality the way it evaluates commercially manufactured drugs. They are not generic equivalents of any commercially manufactured drug. Compounding carries clinical and pharmaceutical risk. Read our 503A Disclosure carefully and bring any questions to your Provider before using any compounded medication.

8. Payment

• Processor. Payment is collected through our payment processor, Paymatrix. Card data is submitted directly to Paymatrix and is not stored on our servers. When you give us payment information, you authorize Crystal Clear, through Paymatrix, to charge your payment method for what you owe.
• Authorized recurring charges. For recurring memberships, you authorize us to charge the payment method on file at each renewal until you cancel.
• Failed payments. If a charge is declined or otherwise fails, we may suspend the Services. We may also, at our discretion, retry the charge or use any other payment method you’ve put on file. You still owe what you owe.
• Taxes and fees. You’re responsible for any applicable sales, use, excise, or similar taxes, and for any third-party fees. We’re responsible for taxes imposed on our net income.
• Disputes and chargebacks. If you think a charge was unauthorized or incorrect, contact us first so we can try to resolve it. Filing a chargeback without contacting us first, or filing one on a charge you actually authorized, may result in suspension or termination of your account. We reserve all rights to dispute chargebacks.

9. Shipping and cold chain

• Carrier and method. Compounded medications ship from the Partner Pharmacy by temperature-controlled (cold chain) carriers. Orders typically ship within 72 hours of the approved prescription, not including weekends when the Partner Pharmacy is closed. Actual times vary based on when the Provider issues the prescription, the Partner Pharmacy’s queue, carrier capacity, weather, and other factors beyond our control.
• FOB shipping point. Title and risk of loss for each shipment pass to you when the carrier takes possession of the package from the Partner Pharmacy. That is FOB shipping point. We do not control shipping, carriers, or in-transit handling.
• Tracking and delivery. You are responsible for monitoring tracking, giving us accurate shipping information, making sure someone is available to receive a temperature-sensitive shipment, and refrigerating or storing the medication promptly upon delivery as the Partner Pharmacy’s labeling instructs.
• Inspection. Inspect each shipment promptly when it arrives. If the package looks damaged, tampered with, leaking, or warm, or if any temperature indicator inside the shipment indicates an excursion, do not use the medication. Contact us within 24 hours of delivery, with photo documentation, under Section 11.2.

10. Acceptable use

You agree not to:

• Use the Services for any unlawful purpose, or in violation of these Terms or any applicable law.
• Resell, redistribute, transfer, or share any medication dispensed in connection with the Services.
• Provide false, misleading, or fraudulent information at signup, during the consult, or to the Provider.
• Reverse-engineer, decompile, scrape, harvest, or attempt to extract source code from the Site.
• Interfere with the security, integrity, or availability of the Services. That includes malware, denial-of-service attacks, or unauthorized access attempts.
• Use the Services to harass, threaten, or harm anyone.

11. Refunds and returns

11.1 No refunds on compounded medications once dispensed

Compounded medications are prepared specifically for an individually identified patient, under Section 503A and applicable pharmacy law. Once a compounded medication has been dispensed by the Partner Pharmacy and shipped, it cannot be returned, exchanged, resold, or re-dispensed, and no refund will be issued, except where the law requires one. This follows USP <797> and applicable state pharmacy regulations on the return of compounded sterile preparations.

11.2 Limited replacement remedy for cold-chain or carrier failures

If a shipment arrives damaged, leaking, tampered with, or with documented evidence of a temperature excursion (for example, a tripped temperature indicator inside the box) such that the medication is no longer suitable for use, your sole and exclusive remedy is a replacement shipment, not a cash refund. To qualify:

• Report the issue to us within 24 hours of delivery, by email to sales@ccrxpharm.com or by phone at (813) 215-2818.
• Provide reasonable photo or video documentation of the damage, the temperature indicator, and the unopened packaging.
• Follow any reasonable instructions from us or the Partner Pharmacy about returning, disposing of, or further inspecting the shipment.
• The replacement is subject to the Partner Pharmacy’s confirmation, re-issuance of a valid prescription by the Provider where required, and the medication’s availability.

This remedy does not apply to losses caused by your failure to be available to accept the shipment, your failure to refrigerate or store the medication promptly when it arrives, your failure to inspect it in a timely way, an address you provided incorrectly, theft after delivery, or any other cause not attributable to a verified cold-chain or carrier failure.

11.3 Membership cancellation

If you cancel your membership before the next scheduled shipment, under Section 5.3, we won’t charge you for any future renewal term. No refund is issued for any membership fee already paid for the then-current term, except where the law requires one. Membership fees compensate us for ongoing access to the Services and for the administrative coordination of your consult and fulfillment. That holds regardless of how many shipments you actually take in a given term.

11.4 Missed consults

If you miss, fail to attend, or otherwise don’t complete a scheduled consult, no refund will be issued for any membership or consult fee already paid, except where the law requires one.

11.5 Where the law requires a refund

Nothing in this Section 11 limits or waives any non-waivable right to a refund the law gives you, including under federal or state consumer protection law. If a portion of this Section 11 is held unenforceable in your jurisdiction, that portion is modified only to the minimum extent necessary to be enforceable. The rest of Section 11 stays in full effect.

12. Intellectual property

The Site and the Services, including all text, graphics, logos, marks, images, software, and other content, belong to Crystal Clear or to our licensors. They are protected by U.S. and international intellectual-property laws. As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, sell, transmit, publicly display, publicly perform, or create derivative works of the Services or any content on the Site without our prior written consent. “Crystal Clear,” “Crystal Clear RX,” “Crystal Clear RX Wellness,” and the associated logos are our trademarks. Other trademarks belong to their respective owners.

13. Feedback

If you submit comments, suggestions, ideas, reviews, testimonials, or other feedback (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, and create derivative works of the Feedback for any purpose, without compensation or attribution. You represent that you have the right to grant that license and that the Feedback doesn’t violate anyone else’s rights.

14. Third-party services and links

The Services connect to third-party services, including the Telehealth Platform and Paymatrix. The Site may also link to third-party websites. We don’t control any of those, and we’re not responsible for their content, terms, privacy practices, or availability. Your use of any third-party service is governed by that third party’s own terms and policies.

15. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CRYSTAL CLEAR DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE QUALITY, SAFETY, OR EFFECTIVENESS OF ANY MEDICATION, AND WE DO NOT GUARANTEE ANY CLINICAL OUTCOME. THE PARTNER PHARMACY IS RESPONSIBLE FOR COMPOUNDING AND DISPENSING. PROVIDERS ARE RESPONSIBLE FOR CLINICAL DECISIONS. EACH OPERATES UNDER ITS OWN LICENSURE, INSURANCE, AND APPLICABLE LAW.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CRYSTAL CLEAR AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CRYSTAL CLEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL CRYSTAL CLEAR’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless Crystal Clear and its parents, affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; (c) your violation of any law or any rights of any third party; (d) any content or information you submit; or (e) your use or misuse of any medication. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

18. Termination

We can suspend or terminate your access to the Services at any time, with or without notice, for any reason, including for actual or suspected violation of these Terms or applicable law. You can stop using the Services and cancel your account at any time. Sections 7, 11, 12, 13, 15, 16, 17, 19, 20, and 21 survive any termination of these Terms.

19. Dispute resolution; mandatory arbitration; class action waiver

19.1 Informal resolution first

Before filing arbitration, you and Crystal Clear agree to try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) informally for at least thirty (30) days. Send a written notice describing the Dispute, your contact information, and the relief you want to Crystal Clear RX Wellness, Attn: Legal, 2750 Taylor Avenue, Suite A84, Orlando, FL 32806, with a copy to sales@ccrxpharm.com. We will send any notice to you at the address or email associated with your account. If the Dispute is not resolved within 30 days, either side may proceed to arbitration.

19.2 Binding arbitration

Any Dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”), under its Consumer Arbitration Rules (or, where applicable, its Commercial Arbitration Rules), as modified by these Terms. A single arbitrator will conduct the arbitration. The seat is Wilmington, Delaware, though the arbitration may be conducted by telephone, by video, or in person at a location the parties agree on (or, if they don’t agree, in the federal judicial district where you live). The arbitrator’s decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs this arbitration agreement.

19.3 Class action and jury trial waiver

YOU AND CRYSTAL CLEAR AGREE TO BRING ANY DISPUTE ONLY IN YOUR OWN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND CRYSTAL CLEAR ALSO WAIVE ANY RIGHT TO A JURY TRIAL.

19.4 Carve-outs

Nothing in this Section 19 stops either side from: (a) bringing an individual action in small-claims court for any Dispute that qualifies; or (b) seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights or breach of confidentiality obligations.

19.5 Costs of arbitration

Allocation of arbitration fees and costs is governed by the AAA rules that apply to the proceeding. That said, Crystal Clear will pay any portion of the filing, administrative, or arbitrator fees that exceed the cost of filing a comparable claim in court, for any consumer Dispute, to the extent required by AAA rules and applicable law. Each side is responsible for its own attorneys’ fees, except as the arbitrator may award under applicable law.

19.6 Severability

If the class-action waiver in Section 19.3 is found unenforceable as to a particular claim or request for relief, that claim or request is severed and may proceed in court. The rest of Section 19 still applies to everything else. If any other part of Section 19 is found unenforceable, only that part is severed, and the rest stays in full effect.

19.7 30-day right to opt out

You may opt out of the arbitration agreement and class-action waiver in this Section 19 by sending a written notice to Crystal Clear RX Wellness, Attn: Arbitration Opt-Out, 2750 Taylor Avenue, Suite A84, Orlando, FL 32806, postmarked within thirty (30) days of the day you first agreed to these Terms. Include your full name, the email address associated with your account, and a clear statement that you are opting out of the arbitration agreement. Opting out does not affect anything else in these Terms.

20. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 19, any judicial proceeding arising out of or relating to these Terms or the Services that is not subject to arbitration must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and Crystal Clear consent to the personal jurisdiction of, and venue in, those courts.

21. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and the 503A Disclosure, are the entire agreement between you and Crystal Clear regarding the Services and supersede any prior agreements about the Services.
• Severability. If any provision is held invalid or unenforceable, the rest stays in full force. The invalid or unenforceable provision is modified only to the minimum extent necessary to be enforceable.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or similar transaction, or to an affiliate.
• Force majeure. We are not liable for any delay or failure to perform that is caused by events beyond our reasonable control, including acts of God, natural disasters, public-health emergencies, war, terrorism, civil unrest, government action, labor disputes, supply-chain failures, carrier delays, internet outages, or third-party service failures.
• Notices. We may give you notices by email, through the Site, or by other reasonable means. Give us notices at sales@ccrxpharm.com or at the mailing address below.
• Headings. Section headings are for convenience. They do not affect how the Terms are interpreted.
• Updates. We may update these Terms from time to time. We will communicate material changes through the Site, by email, or by other reasonable means before they take effect. If you keep using the Services after the effective date of an update, you are accepting the updated Terms.

22. Contact