Software and Services Description
Last Updated: February 20, 2024
Pharmacy may purchase one or more of the following Software or Services. Upon purchase, the following Terms and Conditions apply.
Educational Content
Lumistry (“The Company”) grants to Customer a non-exclusive, non-transferable license to use Paperless Patient Education content identified in the order form for the purpose of providing medication education at the locations identified and specified in the order form. Customer may use the products at Participating Pharmacy or Location (i.e. each pharmacy store) only. Sharing or posting of the URL outside of the licensed location or on publicly accessible website on the internet is not allowed.
The Company will provide Customer with a license for the term and the product/services specified in the order form.
License Grant and Restrictions
The Company hereby grants Customer a nonexclusive, nontransferable, worldwide right to use the Service and provide access to the Content, solely for Customer’s own internal business purposes as more fully set forth in the Agreement and subject to the terms and conditions of this Agreement. All rights not expressly granted to Customer are reserved by The Company, its licensors and third party providers.
Except as otherwise provided in this Agreement, Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or the Content, or (c) copy any ideas, features, functions or graphics of the Service or the Content. Customer Users are authorized to access the Services solely for the purposes contemplate by this Agreement and for no other purposes.
Customer may use the Service only for Customer’s internal business purposes and shall not: (i) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material violative of third party privacy rights; (ii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iv) attempt to gain unauthorized access to the Service or its related systems or networks.
Customer Responsibilities and Grant of Rights Regarding Customer Data
Customer may, at any time designate any of Customer’s employees or contractors or any of its Participating Pharmacies’ employees or contractors as Customer Users or Participating Pharmacy or Location, provided that Customer pays the Subscription Fees for each such Participating Pharmacy or Location. Customer agrees that all Customer Users shall be subject to all of the terms, conditions, and restrictions provided by this Agreement, and Customer will be responsible for ensuring that its Participating Pharmacies and all Customer Users comply with all such terms, conditions and restrictions.
When using the Service, Customer shall: (i) provide, at Customer’s sole cost and expense, all services, hardware, software, and other technology (including Internet access service) necessary to access the Service and the Content and Customer shall be solely responsible for installing, maintaining, securing, and supporting all such technology as provided in more detail in the Order Form; (ii) be solely responsible for administering the Customer Users relating to Customer use of the Service; (iii) abide by all applicable local, state, national, and foreign, laws, treaties and regulations in connection with Customer’s and Customer’s User’s use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data; (iv) notify The Company immediately of any unauthorized use or suspected breach of security of the Services; (v) report to The Company immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by Customer or Customer Users; (vi) promptly report to The Company any errors or irregularities in the performance of the Service and shall provide: (a) support sufficient for The Company to duplicate such failure; and (b) sufficient test time within which The Company shall use its commercially reasonable efforts to correct such failure; (vii) not cause a breach of any agreements between The Company and any third parties, or unreasonably interfere with either The Company’ relationship with any of its third-party service providers or other The Company clients’ use of the Service; (viii) perform Customer’s obligations hereunder and ensure that Customer’s use of the Service shall comply with any and all applicable laws, rules, and regulations, including, but not limited to, HIPAA; (ix) assume full responsibility for all risk associated with Customer’s use of the Service, including, but not limited to, any financial obligations arising with respect to third parties (including End Users) resulting from Customer’s use of the Service or the Content; and (vii) ensure that Customer Users comply with all terms and conditions of this Agreement.
Customer and its Customer Users shall be solely responsible for the accuracy and input of Customer Data necessary for creation and provision of access to the Service and Content by Customer’s End Users.
Implementation
Commencing on the Effective Date of the Order, The Company will proceed with implementation of the Services and billing of the services will begin.
Other Terms
The Company does not provide medical advice and as a result, you should always consult your provider. In the case of an emergency, you should call 911.
Interactive Voice Response (IVR)
Installation
Lumistry provides remote assisted installation support. Lumistry will assist via Phone, Email or Video communication during installation. On-Site installation is NOT included. Equipment will be pre-programmed using information provided by customer and Lumistry will remotely assist with installation and testing. Included installation support is limited to Lumistry’s open business hours. After hours installation support is available for an additional fee. All TalkRx phones use network connections and can be installed anywhere there is a networked computer without any additional cabling. If network devices are needed where a network connection is not available, a network drop must be installed. This will be completed by a local vendor and should be “home run” cables back to the switch location. Does not include cost of pharmacy system interface from the pharmacy management system. Consult pharmacy management system for cost if applicable.
Upfront Device Fees
Phone/Fax devices are provided at no upfront cost. Each device is valued at $180.00ea. and $3.00 per billed month/per device is applied towards this cost. Customer is responsible for the balance of device value at time of termination, if any balance remains. Until device balance has been resolved, customer agrees numbers will not be released to another carrier.
Return Policy
We accept returned items in the original packaging within 30 days of receiving your equipment. If 30 days or more have passed since your purchase, we cannot offer a refund or an exchange. Upon receipt of the returned item, we will fully examine the equipment and notify you via email, within a reasonable period of time, whether you are entitled to a refund. If you are entitled to a refund, we will refund your purchase price minus a 15% restocking fee and a credit will automatically be applied to your account. If the entire order is returned, you will receive a full refund, minus the $500.00 non-refundable deposit, any device setup fees, and a 15% restocking fee. Device setup fees are non-refundable once equipment has shipped. Returning a phone/fax device will change your monthly billing. Refunds for returned devices will be based on the amount paid per device.
Hardware Maintenance
Phone, IVR and firewall equipment is covered by a mail-in hardware maintenance plan. This includes ground shipping of the replacement hardware, as well as return shipping of the damaged equipment, if Lumistry determines equipment should be returned. If return equipment is not received within 30 days, customer will be billed full price for the non-returned equipment. Coverage includes manufactures’ defects as well as failed equipment from normal usage. Coverage will remain in effect only for active equipment and discontinued or upgraded equipment will no longer be covered. Acts of God, physical damage, or power related damage is not covered. Wear items such as handset and power cords are not covered under this agreement.
Billing
Lumistry will bill the customer monthly for all services and that amount can change based on customer changes to number of devices, features, etc. To remove device(s) from monthly billing, the Upfront Device Fee must be satisfied.
