TERMS AND CONDITIONS
Effective: October 30, 2023
Emergency situations and urgent care needs should not rely on the Services. Never neglect or postpone seeking medical advice based on any content, or the absence thereof, on the Platform. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, DIAL 911 RIGHT AWAY.
These Conditions (“Terms”) guide your interaction with the website of Minimal, Inc., and any other sites, online tools, or mobile apps that Minimal oversees and that refer to these Terms (jointly termed the “Platform”).
Your access and utilization of the Platform, including its content and any goods or services presented through the Platform or by Minimal (defined as the “Services” or “Service”), must align with these Terms. As part of its Service offerings, Minimal partners with Pippen Health in various states such as California, Texas, Delaware, New Jersey, and other prospective affiliated medical collectives we may collaborate with in the future (jointly termed “Medical Groups”). This partnership ensures the provision of online telehealth consultations and safeguarded communication between the Medical Group’s practitioners (singly termed “Provider” and collectively as “Providers”) and their clientele. As such, our Services encapsulate the medical services extended to you by the Medical Groups, courtesy of our contractual alliance, and your utilization and access to these Services are guided by these Terms.
Within these Terms, terms such as “Minimal”, “we”, “us”, and “our” point to Minimal, Inc. along with its existing and future subsidiaries and associates, as well as the Medical Groups and their present and forthcoming subsidiaries and affiliates. “You” and “your” denote the individual availing the Services.
BY ACCESSING OR UTILIZING THE SERVICES, CLICKING “I CONCUR”, TICKING A CORRESPONDING BOX TO INDICATE YOUR CONSENT, OR BY ENGAGING IN ANY OTHER APPROVAL PROTOCOL VIA THE PLATFORM, YOU RECOGNIZE THAT YOU HAVE THOROUGHLY READ, COMPREHENDED, AND CONSENTED TO ADHERE TO AND BE BOUND BY THESE TERMS. SHOULD YOU DISAGREE OR BE UNABLE TO ACCEPT ANY SECTION OF THESE TERMS, YOU MUST REFRAIN FROM USING THE PLATFORM OR ANY SERVICES OFFERED ON OR THROUGH IT.
BE ADVISED THAT YOUR SUBSCRIPTION RENEWS AUTOMATICALLY UNLESS YOU OPT OUT OR UNLESS WE HALT OR TERMINATE IT FOLLOWING THESE TERMS. THE TERMS CAN BE AMENDED AS SPECIFIED HEREIN.
ARBITRATION CLAUSE: YOU ACCEPT THAT ANY DISPUTES ARISING BETWEEN YOU AND Minimal, OR THE MEDICAL GROUPS OR PROVIDERS PERTAINING TO THESE TERMS OR THE SERVICES, WILL BE RESOLVED THROUGH MANDATORY, INDIVIDUAL ARBITRATION. YOU CONSCIOUSLY FORGO YOUR RIGHT TO A JURY TRIAL AND TO JOIN A GROUP LAWSUIT OR BROAD-SCALE ARBITRATION. DETAILS, EXCEPTIONS, AND OPT-OUT PROCEDURES ARE ELABORATED FURTHER BELOW.
Adherence to and Updates of the Terms
The Services are tailored for individuals aged eighteen (18) and above. Those below eighteen (18) must not access or use any part of our Services. If you’re aware of anyone under 18 using the Services without parental or guardian consent, notify us at [email protected].
Your strict adherence to these Terms, along with all pertinent laws and regulations, is essential for your usage of the Services. If these Terms aren’t agreeable, you’re instructed to cease using the Services and exit the Platform. Familiarize yourself with our Privacy Policy and State Privacy Law Addendum, which detail our privacy practices, including data handling. Both documents are integrated into and form part of these Terms. Should you disagree with any Terms, discontinue the Site and Services usage. Regularly revisiting the Terms is recommended as continuing to use the site post-modifications signifies your agreement to the changes.
Your Association with Minimal
Minimal serves as a bridge, not a provider. We connect registered users to products, services, and medical consultations offered by Minimal, Medical Groups, Providers, and third-party pharmacies and labs. Our platform further links to prescription services from Pharmacies and clinical lab services from Labs. All these entities operate independently of Minimal.
Minimal does not dictate or intervene in the practice of medicine by Medical Groups or Providers, with the responsibility of medical care direction lying solely with them. Your acceptance of these Terms signifies acknowledgment that no healthcare relationship exists with Minimal. Engaging with our Services may establish a healthcare relationship with Medical Groups or specific Providers.
Information or guidance acquired from a Provider stems from the Provider or Medical Groups, excluding Minimal. The Services aim to supplement, not replace, your ongoing healthcare relationships. Minimal, its associates, or third parties promoting our Services aren’t liable for any professional advice or information accessed on the Platform.
Minimal remains neutral, endorsing neither specific tests, medications, nor providers recommended by Providers or Medical Groups on our platform. The credibility of Providers lies outside our purview. Reliance on any entity or information on our Services is at your discretion, and you bear all associated risks.
Your acceptance of these Terms implies that any Services secured from Medical Groups, Providers, Pharmacies, and Labs via our Platform are governed by these Terms, with these entities being third-party beneficiaries.
Minimal respects the autonomy of the Medical Groups, Providers, Labs, and Pharmacies, who bear sole accountability for their professional services delivered via our Services.
Not an Insurance Service
Minimal isn’t an insurance provider. The Services don’t qualify as insurance products or services. Payments to Minimal aren’t insurance premiums. For insurance needs, obtain them separately.
Informed Consent for Telehealth
Telehealth utilizes electronic means to deliver health and mental health services between a patient and a healthcare professional not co-located. While telehealth offers benefits, it also poses potential risks and isn’t an in-person care substitute in all situations. To use our Services, you must agree to an “Informed Consent for Telehealth Services.” By agreeing, you recognize that Minimal, Inc. has the right to enforce this consent against you.
Ownership and Intellectual Property
All content on the Platform, including downloadable materials, belongs to Minimal or its licensors/suppliers. It’s protected by U.S. and international copyright and trademark laws.
Electronic Communications
By using Minimal Services and communicating with us electronically, you consent to receive communications in the same format. You agree that agreements and consents can be e-signed and that electronic notices we provide are equivalent to written ones.
You accept communications, including Automated Messages, from Providers, Medical Groups, and Minimal through various channels. You must notify us immediately of any contact information changes. Understand that some communications might be unsecured, risking potential interception. Opt out anytime by contacting [email protected] or replying “STOP” to automated texts.
Notice on Financial Responsibility
Neither you nor Minimal, Medical Groups, or Providers can receive reimbursements from federal or state healthcare programs for services/products obtained via Minimal. By using our Services, you acknowledge sole financial responsibility for purchased products/services.
Subscription Products
Some products/services on the Platform are subscription-based, with recurring charges until you cancel as per these terms. Subscription fees are generally non-refundable and subject to conditions. We may grant refunds/credits at our discretion. Subscription prices may differ based on promotional offers or discounts. The subscription fee remains constant during the Original Commitment Term, though taxes and other fees may vary. The total subscription price might comprise fees for prescriptions, consultations, and Platform access.
Prescription Products
Only products with a valid prescription by a licensed Provider are available. A prescription is obtainable post-consultation with a Provider who deems it suitable. You can choose to fill the prescription either through the Platform’s Pharmacies or an external one.
Using an external pharmacy means:
- Medication isn’t home-delivered.
- You pay the medication cost separately from the Minimal membership fee, incurring a higher total cost.
Email [email protected] within 24 hours of service sign-up to provide your chosen pharmacy details. Delays in prescription processing may occur if this isn’t adhered to.
Prescription products shipped by our Pharmacies are final sales due to safety reasons. The packaging might not always be child-resistant.
Laboratory Products and Services
Laboratory products and services accessible via the Platform, such as at-home testing kits, are not included in the subscription fee. These require a prescription from a licensed healthcare provider. To avail these services, you must first have a consultation with a Provider on the Platform. If deemed appropriate, the Provider will prescribe the laboratory product or service.
By using the Platform to acquire laboratory products or services, you agree to cover the additional costs of these third-party offerings. Such products and services fall under the “Third-Party Goods and Services” category as detailed in this Agreement.
Third-Party Goods and Services
Services or products available through our Platform may come from entities other than Minimal, including Medical Groups, Providers, Pharmacies, and Labs (“Third-Parties”). Any dealings with these Third-Parties, including payment and delivery, are solely between you and them. Ensure you research and exercise caution when interacting with Third-Parties.
Minimal will not be liable for any loss or damage resulting from your use of Third-Party Goods and Services or interactions with Third-Parties. In any conflict between you and a Third-Party, Minimal is not obligated to intervene. You agree to release Minimal from any claims or damages arising from such disputes. If you reside in California, be aware of the stipulations of CALIFORNIA CIVIL CODE SECTION 1542.
It’s important to note that some Minimal stakeholders may benefit financially from your interactions with these Third-Parties.
Cancellation
You or Minimal can cancel your subscription anytime. Fees incurred before cancellation still apply. For plans with a commitment period, early termination may incur a fee. To cancel, email [email protected]. Upon cancelation, your access to the Platform and related services, including prescriptions, will be suspended immediately. If accidentally billed after cancellation, contact our support to rectify.
Eligibility; Availability
Some Services may be restricted in certain states or outside the U.S. Ensure the Service is available in your region. Age restrictions apply to certain products. Additionally, the Services might not always be the best medium for certain medical needs. We can change Service requirements or availability without notice.
Platform Access, Security, and Restrictions; Passwords
If you create an account, provide accurate information. You’re responsible for all activities under your account. Ensure your login details remain confidential. Any unauthorized or malicious activity on the Platform is strictly prohibited and may lead to l
Right to Monitor
Minimal reserves the right to oversee the use of the Services. We can remove materials that may violate these Terms or pose other risks.
License and Access
Content on the Platform is protected. Unauthorized use, modification, or distribution is prohibited. With adherence to these Terms and payment of applicable fees, Minimal grants you a limited license for personal, non-commercial use of the Services. All other rights are retained by Minimal or its partners. Unauthorized use of Minimal’s trademarks or content is prohibited. Any misuse of the Services can lead to the termination of your access.
Accuracy of Platform Information
While Minimal strives for accuracy and integrity in our Platform, we cannot guarantee the absolute accuracy of its content. There may be occasional typographical errors, inaccuracies, or unauthorized modifications by third parties. Should you spot an inaccuracy, please alert us so corrections can be made. Content on the Platform may be updated without prior notice, and Minimal bears no responsibility for third-party content posted on the Platform.
External Links
Minimal is not responsible for the content of external sites accessed through our Platform. When you visit an external site, it operates independently from Minimal, and we do not have control over its content. A link to an external site does not imply Minimal’s endorsement. Please ensure you take necessary precautions against potential security threats when visiting external sites. Access to third-party sites is at your own risk.
Purchase Terms
Products or Services offered by Minimal are subject to availability. We may limit order quantities or reject orders at our discretion. If there’s a pricing error, we can adjust or cancel your order. Product prices may change, but such changes won’t affect existing orders. You’re responsible for all applicable taxes related to purchases on our Platform. We’ll estimate taxes at checkout; however, the final amount might differ due to various factors.
By purchasing through the Platform, you authorize us (or our payment providers) to charge your chosen payment method. All purchases are final, and charges are non-refundable unless specified otherwise. Only valid payment methods are accepted. By providing transaction information, you grant us the right to share this with third parties for transaction purposes.
All monetary transactions are processed by third-party vendors like Shopify and Stripe. For more about their policies, refer to their respective websites. Our relationship with these third parties is contractual, and they operate independently from Minimal.
Shipping costs, if any, will be shown during purchase. Shipping charges and delivery dates are subject to change. Risk of loss or damage transfers to you upon handing over the product to our carrier.
Customer concerns will be addressed on a case-by-case basis. We aim to resolve issues based on individual circumstances.
User Data
When you share information on our Platform, ensure it’s accurate and does not violate any legal standards or third-party rights. You agree not to spam or contact other Minimal users without their consent. You confirm that you have the legal authorization to share all information you provide to Minimal.
License to User Information Submitted via the Services
Subject to any limitations on Protected Information described herein, any User Information you transmit to Minimal via the Services, will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Minimal a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Information (in whole or in part) for the purposes of operating and providing the Services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in User Information has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Minimal, are responsible for all of User Information that you provide to the Services. In addition to the foregoing, Minimal will have the right, in its sole discretion, to edit, duplicate, or alter the User Information in any manner for any purpose that Minimal deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the User Information. You further agree that you will have no right of approval and no claim to compensation in connection with the User Information.
If User Information you make contains Protected Information, Minimal’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
Health Savings Account (HSA) Provisions
Should you not be affiliated with an employer that we partner with for group benefit care, you understand that we are not obligated to confirm your HSA status or eligibility. If you participate in an HSA, consult with your benefits administrator to ensure your HSA benefits, including future contributions, remain unaffected by payments for personal health plan care.
Copyright Infringement
Minimal respects intellectual property rights and expects the same of its users. We aren’t responsible for copyrighted content on our platforms. Following the Digital Millennium Copyright Act (DMCA), any alleged infringement reported to our designated agent will receive a prompt response.
For complaints, provide:
- The copyrighted work details.
- Infringing material or link details.
- Your contact information.
- Affirmative statements regarding the unauthorized use and the accuracy of the notice.
- Your full legal name and signature.
Send notices to:
Mail: Minimal, Inc., 2081 Norfork Rd, Northfield IL 60093, Attn: General Counsel
Email: [email protected]
Warranty Disclaimer
Minimal’s platform and services are provided “AS-IS” without any warranties, implied or explicit. We do not guarantee uninterrupted access, error-free usage, or the timely accuracy of platform information. You are responsible for necessary precautions against harmful files and ensuring data safety while using our services.
Liability Limitation
Neither Minimal nor third parties on the platform are liable for any damages arising from platform use. Your sole recourse if dissatisfied is to cease using our services. Any liability from Minimal to you is capped at $10,000.
Binding Arbitration and Class Waiver
Any dispute with Minimal must be resolved through confidential binding arbitration per the American Arbitration Association (AAA) rules. By agreeing, you waive rights to a jury trial. Arbitration is more informal than court but allows similar individual remedies.
The cost of arbitration follows the AAA fee schedule. It will be held in Austin, Texas, unless otherwise agreed or if you live over 100 miles from Austin. For specific intellectual property violations, urgent legal relief, or equitable claims, you can seek remedies in a state or federal court in Chicago, IL. Both parties accept jurisdiction of such courts.
Claims must be individually arbitrated, not as a class or collective action. Only individual relief is awarded in arbitration. If a claim is deemed unsuitable for arbitration by law, it will be resolved in Chicago IL’s courts. Parties consent to these courts’ jurisdiction.
For more on AAA, visit: https://www.adr.org.
Opt-Out & Dispute Resolution
- Arbitration Opt-Out: Should you wish to exclude yourself from the arbitration provisions in these Terms, you must notify us within 30 days of initially agreeing to such provisions. Notify us at Minimal, Inc., 2081 Norfork Rd. Northfield, IL 60093; Attn: General Counsel. Include your name, address, and email, alongside a clear statement of your intent to opt out.
- Notice of Dispute: Before initiating arbitration, both parties must first attempt to resolve the issue. Provide a written Notice of Dispute detailing the disagreement and desired resolution. If resolution isn’t achieved within 30 days from when the Notice is received, either party can then begin arbitration. Any future changes to these Dispute terms won’t apply if a Notice of Dispute has already been issued.
Time Frame for Claims
Start any claim related to these Terms or Services within one year of the problem emerging. If not, the claim won’t be valid.
Assignment & Succession
Minimal has the liberty to transfer or assign its rights and responsibilities under these Terms, including data rights, as per the Privacy Policy. You, however, cannot do the same. This agreement is valid for both parties and their successors or permitted assigns.
Legal Framework
The laws of Texas oversee these Terms and the Services, irrespective of its conflict of law principles. Both parties agree to the jurisdiction of courts located in Travis County, Texas..
Unforeseen Circumstances
Should unexpected events like natural disasters or wars occur beyond our control, we’re not to be held responsible for any breach in terms or the privacy policy.
Indemnification
You pledge to protect, defend, and not hold Minimal responsible against any third-party claims resulting from your misuse of the platform or breach of these Terms. In certain scenarios, Minimal will address claims via your employer or health plan.
Export Restrictions
Ensure you’re complying with U.S. export laws. Do not export or re-export the Platform in regions where it’s prohibited.
Commercial Use Clauses
The Platform is deemed commercial software. If you’re linked with the U.S. Government, specific terms apply.
Revisions & Modifications
Minimal can update these Terms anytime. Always check for updates to stay informed. Third-party tracking via Google Analytics is used. Some cookies used aren’t controlled by Minimal.
Service Termination
We can restrict or terminate your access to the Platform without any prior notification.
Software Distribution
If you acquire our software via distribution platforms like Apple App Store or Google Play Store, additional terms may apply. Ensure you adhere to third-party service terms when using our Services.
For Californian Consumers
Californian users have specific rights. Reach out to the California Department of Consumer Affairs for any complaints: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
For Minimal-related concerns, contact us at Minimal, Inc., 2081 Norfork Rd. Northfield, IL 60093 or via email at [email protected]. For questions related to medical care, contact Dr. Niles at 650-300-4334.
