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Quel Health Terms of Service

Quel Health, Inc. | www.quel.health

NOT FOR EMERGENCIES. If you are experiencing a medical or mental health emergency, call 911. If you are thinking about suicide or are in crisis, call or text 988 to reach the Suicide & Crisis Lifeline, any time. The Platform is not monitored continuously and must never be used in an emergency.

ARBITRATION NOTICE: Section 21 of these Terms contains a mutual arbitration agreement and class action waiver that affect your legal rights. Unless you opt out within 30 days as described there, disputes between you and Quel Health will be resolved by binding individual arbitration.

AUTO RENEWAL NOTICE: Memberships renew automatically each billing cycle until you cancel or pause, as described in Section 9.

1. Acceptance of These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Quel Health, Inc. (“Quel Health,” “we,” “us”) governing your access to and use of the websites and applications at quel.health and its subdomains, our mobile applications, and the related services we provide (collectively, the “Platform”). By clicking “I agree” (or similar), creating an account, or using the Platform, you confirm you have read, understood, and agree to these Terms and to our Privacy Policy and Consumer Health Data Privacy Notice, which are incorporated by reference. If you do not agree, do not use the Platform.

Your document set. Depending on how you use the Platform, your relationship with us and with your medical group is governed by: (a) these Terms; (b) the Quel Health Privacy Policy; (c) the Consumer Health Data Privacy Notice; (d) the Communications Consent; (e) the Patient Consent Packet issued by Grana Medical, P.A., Grana Medical East, P.C., Grana Medical West, P.C., Grana Medical Midwest, P.A., and Grana Medical Northwest, P.C., including the Telehealth Informed Consent, treatment and medication consents, the consent to use and share information for treatment, payment, and health care operations, and Financial Agreement; and (f) the Medical Group's Notice of Privacy Practices. Where these Terms conflict with the Medical Group's clinical consents or its Notice of Privacy Practices regarding your health information or care, those documents control.

2. Who We Are, and Who Provides Your Care

Quel Health is a technology and management services company. Quel Health is not a medical practice, does not practice medicine, and does not provide medical advice, diagnosis, or treatment. All medical care available through the Platform is provided by Grana Medical, P.A., Grana Medical East, P.C., Grana Medical West, P.C., Grana Medical Midwest, P.A., and Grana Medical Northwest, P.C., collectively, the “Medical Group”, which are independent, clinician owned medical practices, and by the licensed clinicians they employ or engage (“Providers”). Quel Health licenses the “Quel” brand to the Medical Group and provides it with administrative, technology, and management services. Quel Health does not own or operate the Medical Group, does not employ or supervise its Providers in their practice of medicine, and does not direct, control, or interfere with any clinical judgment. Control over the care provided to you is the sole responsibility of the Medical Group and its Providers. No provider patient relationship is created between you and Quel Health. Content on the Platform is informational and is not medical advice; consult a qualified clinician before starting, changing, or stopping any treatment.

3. Eligibility and Location

  • You must be at least 18 years old. The Platform is for adults only, and we do not knowingly serve or collect information from anyone under 18. There is no enrollment by parents or guardians on behalf of minors.
  • You must reside in, and use the Services from, the United States in a state where the Services are available. Services availability varies by state based on Provider licensure.
  • You agree to tell us the state where you are located at the time of each telehealth visit and to keep your address current. We may verify your location, and Services may be unavailable or limited when you are outside a covered state.
  • You represent that all registration information you provide is accurate, current, and complete, and you agree to keep it updated.

4. Your Account

You are responsible for safeguarding your login credentials and for all activity under your account. Use a strong password, do not share your credentials, and notify us immediately at support@quel.health of any suspected unauthorized use. You may not create more than one account or transfer your account to anyone else. You are responsible for the devices, software, and internet connections you use to access the Platform, and for their security; we recommend current operating systems, browsers, and security software.

5. The Services and Service Levels

The Platform enables you to register for care with the Medical Group, complete clinical intake, attend telehealth visits, message your care team, manage prescriptions and refills, and manage billing. Our care team is available Monday through Friday, 9 am to 6 pm Eastern. We aim to respond to clinical messages within one business day and to support requests within two business days. The Platform is not monitored continuously, is not available 24/7, and is never a substitute for emergency services. We may add, change, or discontinue features of the Platform; if a change materially reduces the Services during a paid cycle, you may cancel and receive a pro-rated refund of the unused care fee.

6. Prescriptions and Pharmacy Choice

  • Prescription products require an evaluation by a Provider and a valid prescription. Completing intake or paying a fee does not guarantee that any medication will be prescribed; that decision is made solely by your Provider in their professional judgment.
  • If a prescription is issued, you have the right to fill it at any pharmacy of your choice. If you choose one of the Medical Group's partner pharmacies, Quel Health processes medication payment on the pharmacy's behalf and coordinates home delivery. If you choose an outside pharmacy, you arrange payment and pickup or delivery with that pharmacy directly.
  • Partner pharmacies are independent, licensed United States pharmacies: Seven Cells Pharmacy, Olive Tree Pharmacy, Absolute Pharmacy. You authorize the transfer of your prescription between pharmacies when needed to fill your order, and we will tell you which pharmacy dispensed your medication.
  • Laboratory services, when ordered by a Provider, are performed by independent licensed laboratories; their charges are separate and disclosed before testing.
  • Prescriptions are for your personal use only. Read all product labeling and information provided with your medication, and direct medication questions to your Provider or pharmacist.

7. Medication Delivery, Risk of Loss, and Safety

Medications shipped from partner pharmacies are delivered to the address you provide. Title and risk of loss pass to you on delivery to that address. Inspect packages on arrival and contact support@quel.health about damaged, missing, or delayed shipments so we can help resolve them with the pharmacy or carrier. Packaging may not be child resistant. Keep all medications out of the reach and sight of children and pets, store injectable pens and needles securely, and dispose of needles only in an FDA cleared sharps container or equivalent, never in household trash or recycling.

8. Fees, Billing, and Payment

  • Itemized pricing, billed together. Your charges are itemized as (a) a care fee every 28 day billing cycle for clinical services provided by the Medical Group ($149 for Essential Care and $249 for Comprehensive Care) and (b) medication charges when you use a partner pharmacy. Both are shown separately on your statement and billed together on the same 28 day cycle, so you always see what you are paying for.
  • When billing starts. Your first care fee is charged after the initial clinical evaluation upon your confirmation of the care plan, and your billing cycle begins then. Charges before that point, if any, are disclosed before you incur them.
  • Auto renewal. Your membership renews automatically each 28 day cycle until you cancel or pause. We will notify you before any price change takes effect, and you may reject the change by canceling before your next renewal.
  • Cancel anytime. Cancel through your account or by emailing support@quel.health, effective at the end of your current cycle, with no cancellation fee.
  • Pause. You may pause your membership for up to 90 days. No fees are charged while paused. On resuming, your Provider will review your treatment and may request a synchronous visit before prescribing resumes.
  • Refunds. If your Provider determines after your initial evaluation that our care is not appropriate for you, or no prescription is issued and you choose not to continue, there is no fee. Refunds are handled under our Refund Policy at quel.health/refund-policy.
  • Payment method and processor. You authorize us to charge the payment method on file for your itemized charges each cycle. Payments are processed by Stripe, Inc.; we do not store full card numbers, and your use of Stripe is subject to its terms. You represent that the payment information you provide is accurate and that you are authorized to use it. We may obtain a pre authorization to verify your payment method, and you agree to applicable taxes shown at checkout.
  • Failed payments. Because you pay at the start of each cycle, a failed renewal never creates a debt: nothing is owed, and the next cycle simply does not start. If a charge fails, we will notify you and retry over the following 7 days, and you can update your payment method in your account at any time. While payment is unresolved, your membership is on hold: no new charges, no new medication shipments, and your next refill is paused. Your care team remains reachable through your portal during a 14 day grace window, because a billing problem should never cut off a clinical conversation, and if a lapse in medication poses a clinical concern, your Provider will reach out with guidance. When payment is resolved, your membership resumes; after a longer lapse, your Provider may review your treatment before prescribing resumes, just as with a pause. In the rare case an amount is actually owed, for example a charge reversed after medication has already shipped, we will work it out with you directly, including a payment plan by arrangement with support@quel.health.
  • No insurance; no federal programs. We are a cash pay service. We are not an insurer, the fees you pay are not insurance premiums, and we do not submit claims to any insurer. You agree not to submit our charges to Medicare, Medicaid, or any other federal health care program. Amounts you pay are not reimbursable by those programs and do not count toward Medicare Part D true out of pocket (TrOOP) costs.

9. Communications

You consent to receive communications from us electronically, and you agree that electronic agreements, notices, and disclosures satisfy any requirement that they be in writing. Text messaging terms, including the STOP keyword and the senders of messages (Quel Health and the Medical Group), are set out in the Communications Consent in the Patient Consent Packet, which also explains how text messages are delivered (as iMessage where your device supports it, or as standard SMS), the privacy properties of each channel, and how to choose other channels.

10. Artificial Intelligence

Quel Health and the Medical Group use technology tools, including artificial intelligence, to support operations such as scheduling, documentation, support, and care coordination. AI tools assist people; they do not replace human judgment. Any output that influences a decision about your care, your access to treatment, or its prioritization is reviewed by a human. Vendors that process health information for us do so under business associate agreements, and we de-identify data where possible.

11. Privacy

Protected health information held by the Medical Group is governed by its Notice of Privacy Practices, which controls for that information. The Medical Group has adopted the heightened federal confidentiality standard for substance use disorder records, 42 CFR Part 2, as its confidentiality policy for every patient record; its Notice of Privacy Practices describes that commitment and its limits. We do not sell personal information.

12. Intellectual Property and Limited License

The Platform and its content, software, design, text, graphics, logos, and trademarks are owned by Quel Health or its licensors and are protected by intellectual property laws. We grant you a personal, limited, non exclusive, non transferable, revocable license to use the Platform for your personal, non commercial use in accordance with these Terms. “Quel” and related marks are trademarks of Quel Health, Inc.; no right to use them is granted. Nothing in this section applies to your medical records: your medical records are your health information, maintained by the Medical Group, and your rights to access them are unaffected by these Terms.

13. Your Submissions

You retain ownership of the information and content you submit to the Platform. You grant Quel Health and the Medical Group a limited license to use your submissions solely to provide and support your care, operate and improve the Services, and meet legal obligations, consistent with the Privacy Policy and the Medical Group's Notice of Privacy Practices. We do not sell your submissions or your data, identifiable or de-identified, and we use identifiable information for research only with your separate, optional research consent. If you send us feedback or suggestions about the Platform, we may use them without restriction or compensation; feedback never includes your health information.

14. Acceptable Use

You agree to use the Platform lawfully and only for your own care, and not to: misrepresent your identity or location; access another person's account or data; interfere with the Platform's operation or security; probe, scan, or test vulnerabilities without authorization; scrape, crawl, or harvest data; reverse engineer or copy the Platform; upload malicious code; use the Platform to develop a competing product; or use the Platform for any unlawful, fraudulent, abusive, or harassing purpose. We may investigate violations and cooperate with law enforcement where required.

15. Monitoring and Enforcement

We may, but are not obligated to, monitor use of the Platform to operate and secure it, enforce these Terms, and comply with law. We may access, preserve, and disclose information as we reasonably believe necessary to satisfy law or legal process, enforce these Terms, address fraud or security issues, respond to support requests, or protect the rights, property, or safety of Quel Health, the Medical Group, our users, or the public, consistent with the Privacy Policy and applicable health privacy law.

16. Third Party Services

The Platform may link to or interoperate with third party websites, products, and services, including pharmacies, laboratories, and payment services. Third parties are independent of Quel Health, their services are governed by their own terms and privacy policies, and we are not responsible for them. Use them at your own discretion.

17. Termination

You may stop using the Platform and cancel your membership at any time as described in Section 8. We may suspend or terminate your access for material breach of these Terms, unlawful or abusive conduct, fraud, or where required by law, and the Medical Group may end the treatment relationship in accordance with clinical and ethical standards. If care is ending for any reason other than your own cancellation, you will receive reasonable advance notice, the reason, a referral, and a safe transition plan from your Provider, including for prescription continuity. You will never be discharged for a return to substance use. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) survive.

18. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. QUEL HEALTH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE. THIS SECTION DOES NOT LIMIT ANY WARRANTY OR RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, AND NOTHING IN THESE TERMS DISCLAIMS OR LIMITS ANY DUTY OF THE MEDICAL GROUP OR ITS PROVIDERS WITH RESPECT TO THE MEDICAL CARE THEY PROVIDE.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, QUEL HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM OR RELATING TO THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, QUEL HEALTH'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID TO QUEL HEALTH IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED DOLLARS. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, AND THEY DO NOT APPLY TO, OR LIMIT, ANY CLAIM AGAINST THE MEDICAL GROUP OR ITS PROVIDERS RELATING TO MEDICAL CARE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20. Indemnification

You agree to defend, indemnify, and hold harmless Quel Health and its officers, directors, employees, and agents from third party claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your violation of law or third party rights, or your misuse of the Platform. This section does not apply to claims arising from our own breach, negligence, or misconduct.

21. Dispute Resolution: Informal Resolution, Arbitration, Class Waiver

  • Talk to us first. Most concerns can be resolved quickly. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally: send a written notice describing the dispute and the relief sought to Quel Health, Inc., Attn: Legal, 1704 Llano St, Ste B 1134, Santa Fe, NM 87505, or legal@quel.health, and we will do the same to you. If the dispute is not resolved within 30 days of notice, either party may proceed as set out below.
  • Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single neutral arbitrator. The Federal Arbitration Act governs this agreement. The arbitrator decides all issues except that a court decides the enforceability of the class waiver. Any hearing will be held in the county of your residence, or by video at your election. The arbitrator may award the same individual relief a court could, and will issue a reasoned written decision. AAA fees are allocated under the AAA Consumer Rules.
  • Small claims carve out. Either party may bring an individual claim in small claims court instead of arbitration.
  • Class action and jury waiver. ALL DISPUTES ARE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND QUEL HEALTH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate claims or preside over any representative proceeding.
  • Mass filings. If 25 or more similar demands are filed by or with the assistance of the same counsel or organization, the parties agree to a staged bellwether process under which the AAA will administer an initial set of 10 arbitrations, with the remainder tolled, followed by good faith global mediation before further arbitrations proceed.
  • 30 day opt out. You may opt out of this arbitration agreement, with no effect on any other term or on your care, by emailing legal@quel.health or writing to the notice address within 30 days of first accepting these Terms, stating your name and intent to opt out.
  • One year limitation. To the extent permitted by law, any claim arising out of or relating to the Platform must be filed within one year after the event giving rise to it, or it is permanently barred. This limitation does not apply to medical malpractice or other claims for which the law sets a non waivable period.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. For any claim not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, except that either party may bring small claims locally.

23. Copyright Complaints (DMCA)

We respect intellectual property rights. Notices of claimed copyright infringement under the Digital Millennium Copyright Act should be sent to: Copyright Agent, Quel Health, Inc., 1704 Llano St, Ste B 1134, Santa Fe, NM 87505, legal@quel.health, and must include the information required by 17 U.S.C. § 512(c)(3). We may terminate the accounts of repeat infringers.

24. General Terms

  • Entire agreement. These Terms, together with the documents listed in Section 1, are the entire agreement between you and Quel Health about the Platform and supersede prior agreements on that subject.
  • Changes to these Terms. We may update these Terms. For material changes we will update the effective date and make reasonable efforts to notify you, and your continued use after the effective date constitutes acceptance. If you do not agree, stop using the Platform and cancel as described in Section 8.
  • Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the rest of these Terms remain in effect.
  • No waiver. Our failure to enforce a provision is not a waiver of it.
  • No agency. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Quel Health, or between Quel Health and the Medical Group beyond the administrative services relationship described in Section 2.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.
  • Third party beneficiaries. The Medical Group and the partner pharmacies are intended third party beneficiaries of the sections of these Terms that concern them. There are no other third party beneficiaries.
  • Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, government actions, utility or internet failures, and labor disputes; we will resume performance as soon as reasonably practicable, and your care team will communicate with you about continuity of care during any such event.

25. Contact

Quel Health, Inc.
1704 Llano St, Ste B 1134
Santa Fe, NM 87505

Support: support@quel.health
Legal: legal@quel.health
Privacy: privacy@quel.health
Website: www.quel.health