Terms of Use

  • Last updated on March 10, 2023.

    • AGREEMENT TO TERMS

    These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity you represent (hereinafter, “you”) and Rx Studio Inc. (hereinafter, “Rx Studio”, “we”, “us”, and/or “our”), concerning your access to and use of our website at https://rx.studio (hereinafter, the “Website”), our platform at https://app.rx.studio (hereinafter, the “Platform”), and collectively all related products and services operated by us (hereinafter, the “Services”)

    You agree that by accessing our Services, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

    Unless expressly superseded by a business contract and solely to the extent stated in such content, these Terms of Use apply to all current and potential clients of the Services. Custom business contracts, more detailed HIPAA Privacy Policy and technical documentation on data security will be provided upon request for potential business customers.

    By using the Services, you agree to be bound by our Privacy Policy at https://rx.studio/legal/privacy-policy , which is incorporated into these Terms of Use. Please read this policy carefully as it describes how we handle the personal information we collect from and about you in connection with your use of and access to the Services.

    Supplemental terms and conditions or documents that may be posted on the Website and Platform from time to time are also hereby expressly incorporated herein by reference. By accessing or using our Services, you consent to these supplemental terms and policies to the extent applicable to you. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use on the top of the page, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.

    The information provided on the Website and Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    Our Services are intended for users who are at least 18 years old. By accessing or using our Services, you confirm that you are at least 18 years old and are of legal age in the jurisdiction in which you reside to form a contract with us.

    INTELLECTUAL PROPERTY RIGHTS

    Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

    USER REPRESENTATIONS

    By accessing or using our Services or by clicking a button or checking a box marked “I agree” (or an equivalent phrase), you accept these Terms of Use as binding and confirm:

    • you have the authority to enter into these Terms of Use personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to these Terms of Use;
    • you have not been previously suspended or banned from using the Services; and
    • your use of the Services is in compliance with any and all applicable laws and regulations (including all applicable local laws governing medical privacy).

    USER REGISTRATION

    You may be required to register with the Platform to use various Services. You thereby agree as follows:

    • You will provide accurate, current, and complete information as may be prompted by any registration form and maintain and promptly update such information to keep it accurate, current and complete.
    • You will pick a strong password and keep it (and any other account credentials) confidential.
    • You will notify us immediately of any unauthorized use (or suspicion of unauthorized use) of your password (or other account credentials), your account, or any other breach of security related to your use of the Services.
    • You will be responsible for all use of your account and password, whether or not authorized by you.
    • You understand and acknowledge that use of a single user account by multiple people is prohibited.
    • You will only enter Protected Health Information (PHI, as defined by Health Insurance Portability and Accountability Act of 1996 (HIPAA) into our Services after ensuring compliance with HIPAA and your country’s privacy laws. For example, a Covered Entity (as defined by HIPAA 45 CFR 160.103), such as a US health care provider, must sign a Business Associate Agreement with us before sharing any PHI.
    • It is incumbent upon you to let us know if you need to enter into any agreement to ensure compliance with your country’s privacy law requirements.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

    If you were provided with your account via an organization for which you are an employee or contractor, you understand that this organization has rights to your account and may (i) manage your account (including suspending or cancelling it); (ii) reset your password; (iii) view your usage data including how and when your account is used; and (iv) view and manage the content you enter into the Services using your account. We may act on the organization’s behalf as requested in this regard.

    PROHIBITED ACTIVITIES

    You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

    As a user of the Services, you agree not to:

    • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

    • Record, process, harvest, collect, or mine information about other users.

    • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part or portion of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.

    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

    • Use any information obtained from the Services in order to harass, abuse, or harm another person.

    • Make improper use of our support services or submit false reports of abuse or misconduct.

    • Use the Services in a manner inconsistent with any applicable laws or regulations.

    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

    • Delete the copyright or other proprietary rights notice from any Services.

    • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services (such as attacking the Services via a denial-of-service attack or a distributed denial-of-service attack).

    • Copy or adapt the Services’s software, including but not limited to HTML, JavaScript, CSS or other code.

    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.

    • Use a buying agent or purchasing agent to make purchases on the Services.

    • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

    • To create send, knowingly receive, display, transmit, upload, download, use or reuse any material which:

      • Is, or contains any material which is, defamatory, obscene indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
      • Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
      • Violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use and/or our Privacy Policy; or
      • Is likely to deceive or confuse any person.

    In the event we determine (or reasonably believe) that you have breached any of the aforementioned, we reserve the right to suspend or permanently disable your access to our Services at our sole discretion. Further, you agree that the consequences of commercial use or re-publication of our proprietary material or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy. In such event, we will be entitled to seek temporary and permanent injunctive relief to prohibit such such or activity without the need to prove damages.

    MOBILE APPLICATION LICENSE

    Use License

    If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

    Apple and Android Devices

    The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

    SUBMISSIONS

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

    THIRD-PARTY WEBSITE AND CONTENT

    The Services may contain (or you may be sent via the Services to) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

    SITE MANAGEMENT

    We reserve the right, but not the obligation, to:

    • monitor the Services for violations of these Terms of Use;
    • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
    • in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size, burdensome to our systems; or which we find objectionable for any reason, and
    • otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

    TERM AND TERMINATION

    These Terms of Use shall remain in full force and effect while you use the Services.

    WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    MODIFICATIONS AND INTERRUPTIONS

    We reserve the right to change, modify, or remove all or part of the Services, including any Content, features, or functionality at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. If you object to any such changes, your sole recourse is to stop using the Services. Continued use of the Services following any such changes indicates your agreement to such changes and satisfaction with all the Services.

    We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The Services may also be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law, we shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services as a result of such problems. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

    GOVERNING LAW

    These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

    DISPUTE RESOLUTION

    Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Belmont, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

    CORRECTIONS

    There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

    DISCLAIMER

    THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE, PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    LIMITATIONS OF LIABILITY

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    MEDICAL APPLICATION

    NOTHING ON OUR WEBSITE OR PLATFORM IS MEANT TO CONSTITUTE MEDICAL ADVICE OF ANY KIND. Our Services implement, empower and aid our Website visitors and Platform users by providing access to Model-Informed Precision Dosing (Precision Medicine, Personalized or Individualized Drug Dosing), which is intended to be used only by qualified medical staff to make the dosing decisions. You are solely responsible for and have complete authority, control, and supervision over all aspects of healthcare services, healthcare operations, and the practice of medicine related thereto.

    INDEMNIFICATION

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

    • your use of the Services;
    • your breach of these Terms of Use, the Privacy Poliy, or applicable laws, rules, or regulations;
    • your violation of the rights of a third party, including but not limited to intellectual property rights;
    • any act or omission by you that results in (i) bodily injury, sickness, disease, or death; or (ii) damage, injury, or destruction to tangible or intangible property; or
    • any overt harmful act toward any other user of the Services with whom you connected via the Services.

    Notwithstanding the foregoing, 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

    USER DATA

    We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

    ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

    Visiting the Website, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and via the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    All notices permitted or required under these Terms of use must be sent in writing (i) if to you by us, then via email to the email address you have provided, and (ii) if to us by you, then to legal@rx.studio . You are responsible for providing us with your most current email address. In the event that the last email address you provided us is not valid, or for any reason is not capable fo deliverying to you any notices required or permitted by these Terms of Use, our dispatch of the email containing such notice will constitute effective notice. Notices will be deemed given if (a) if to you, when emailed, and (b) if to us, on receipt by us.

    CALIFORNIA USERS AND RESIDENTS

    If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

    MISCELLANEOUS

    These Terms of Use, together with the Privacy Policy and any policies or operating rules posted by us on the Website or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Our rights under these Terms of Use will survive any termination to the extent necessary to give full effect to their intended purpose. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use without our prior written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You agree to comply with all export laws and regulations of the United States or foreign authorities in connection with your use of the Services, including any Content. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    CONTACT US

    In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at legal@rx.studio or by post to:

    Rx Studio Inc.
    440 N Barranca Ave, #2086
    Covina, CA 91723
    United States