Terms and Conditions

Introduction

Welcome to Solaya MD ("Solaya MD," "Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Solaya MD website, services, products, subscriptions, communications, and related offerings (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Medical Disclaimer

Solaya MD does not directly provide medical care, diagnoses, or treatment. All medical services, including evaluations, prescriptions, and clinical decisions, are provided exclusively by licensed healthcare professionals through our telehealth provider, Bask Health ("Healthcare Provider").

The content on this website is provided for informational and educational purposes only and is not intended to substitute professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider regarding any medical condition.

Use of peptide therapies and other prescription wellness treatments carries risks, side effects, contraindications, and limitations. Results vary from person to person.

2. Eligibility

You must be at least 18 years old and reside in a jurisdiction where our Services are legally available to use Solaya MD.

By using the Services, you represent and warrant that:

You are at least 18 years old.

The information you provide is accurate and complete.

You are legally permitted to receive telehealth services and prescription medications.

You will comply with all applicable laws and regulations.

3. Telehealth Services

Medical evaluations, consultations, prescriptions, and treatment plans are performed solely by licensed healthcare providers affiliated with Bask Health.

By using the Services, you acknowledge and agree that:

Any healthcare provider-patient relationship is between you and the Healthcare Provider.

Solaya MD is not responsible for medical judgments, treatment decisions, or prescription determinations.

Prescription approval is not guaranteed.

Healthcare Providers may deny treatment, prescriptions, or continued care at their sole professional discretion.

Certain services may not be available in all states or jurisdictions.

You consent to the use of electronic communications, telehealth technologies, and digital records in connection with your care.

4. Prescription Medications

Prescription medications are provided only after evaluation and approval by a licensed healthcare provider.

Peptide therapies and other prescribed wellness treatments may include compounded medications where legally permitted. You understand and acknowledge that:

Compounded medications are not reviewed or approved by the U.S. Food and Drug Administration ("FDA") in the same manner as commercially manufactured drugs.

Certain compounded medications may be prepared by licensed compounding pharmacies based on a healthcare provider’s determination.

Availability of medications may vary.

Medications may cause side effects, including serious adverse reactions.

You are responsible for reviewing all medication instructions, warnings, and pharmacy materials.

You agree to use medications only as prescribed.

5. Not for Emergencies

The Services are not intended for medical emergencies.

If you believe you are experiencing a medical emergency, call 911 immediately or seek emergency medical care.

6. Payment and Subscription Terms

By purchasing Services, you authorize Solaya MD and its payment processors to charge your payment method for all applicable fees, taxes, subscriptions, refills, memberships, and recurring charges.

If your Services include a subscription or recurring billing component:

Charges may recur automatically unless canceled.

Billing frequency will be disclosed at checkout.

You authorize recurring payments until cancellation.

Prices are subject to change with notice where required by law.

Failure to pay may result in suspension or termination of Services.

7. Refund Policy

Due to the personalized and medical nature of telehealth consultations and prescription medications:

Medical consultations may be non-refundable once completed.

Prescription medications are generally non-returnable and non-refundable.

Refunds may be issued at our sole discretion where required by law.

If you experience an issue with your order, please contact customer support.

8. Shipping and Fulfillment

Prescription fulfillment and shipping may be handled by licensed pharmacies and third-party fulfillment providers.

Delivery timelines are estimates only and are not guaranteed. Solaya MD is not responsible for delays caused by:

Pharmacy processing

Carrier delays

Supply shortages

Weather events

Regulatory restrictions

Incorrect shipping information

You are responsible for ensuring your shipping information is accurate.

9. User Responsibilities

You agree not to:

Provide false or misleading medical information.

Share prescription medications with others.

Use the Services for unlawful purposes.

Attempt to interfere with the operation or security of the website.

Misrepresent your identity or eligibility.

You are solely responsible for maintaining the confidentiality of your account credentials.

10. Intellectual Property

All website content, branding, graphics, logos, text, software, images, videos, and materials are owned by Solaya MD or its licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, or exploit any content without prior written permission.

11. SMS, Email, and Communications Consent

By providing your contact information, you consent to receive communications from Solaya MD and its partners, including:

Appointment reminders

Treatment updates

Account notifications

Marketing and promotional messages

SMS/text communications

Emails and automated calls where permitted by law

Consent to marketing communications is not a condition of purchase.

You may opt out of marketing communications at any time by following unsubscribe instructions or replying STOP to SMS messages.

12. Privacy

Your use of the Services is also governed by our Privacy Policy.

We may collect, use, store, and share information as described in our Privacy Policy and in accordance with applicable healthcare privacy laws.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLAYA MD, ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES DAMAGES RELATED TO:

MEDICAL OUTCOMES

PRESCRIPTION DECISIONS

SIDE EFFECTS

MEDICATION AVAILABILITY

INTERRUPTIONS IN SERVICE

SHIPPING DELAYS

DATA LOSS

WEBSITE ERRORS

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SOLAYA MD IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee:

Specific wellness, longevity, or health outcomes

Medication availability

Continuous website availability

Uninterrupted access to Services

That the Services will be error-free or secure

15. Indemnification

You agree to indemnify and hold harmless Solaya MD, Bask Health, affiliated healthcare providers, pharmacies, contractors, employees, and partners from any claims, damages, liabilities, losses, costs, or expenses arising from:

Your use of the Services

Your violation of these Terms

Your misuse of prescription medications

Your violation of any law or rights of another party

16. Third-Party Services

The Services may contain links to third-party websites, pharmacies, payment processors, or external services.

Solaya MD is not responsible for third-party content, products, policies, or practices.

17. HIPAA and Healthcare Privacy

Protected health information may be handled by licensed healthcare providers and related healthcare entities in accordance with applicable laws, including the Health Insurance Portability and Accountability Act ("HIPAA"), where applicable.

18. State-Specific Restrictions

Certain medications, treatments, and Services may not be available in all states.

We reserve the right to refuse service where prohibited by law.

19. Arbitration and Dispute Resolution

To the fullest extent permitted by law, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration on an individual basis.

You waive any right to participate in class actions or class-wide arbitration.

Arbitration shall be governed by the laws of the State of Florida unless otherwise required by applicable law.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

21. Modifications to Terms

We reserve the right to update or modify these Terms at any time.

Updated Terms become effective upon posting to the website. Your continued use of the Services constitutes acceptance of the revised Terms.

22. Contact Information

For questions regarding these Terms, please contact:

Solaya MD

Email: support@solayamd.com

Website: https://www.solayamd.com/