Terms of Service

Effective Date: February 27, 2026 | Last Updated: February 27, 2026

⚠️ IMPORTANT: These Terms of Service contain an arbitration clause and class action waiver in Section 16. Please read them carefully before using the Service.

Welcome to 1stRX. These Terms of Service ("Terms") govern your access to and use of the 1stRX website at iw.getenk.com and the associated telehealth platform (collectively, the "Service"), operated by 1stRX ("Company," "we," "us," or "our").

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

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are 18 or older, have the legal capacity to enter into a binding agreement, and are not prohibited from receiving any Services under applicable law.

2. Nature of the Service — Not a Medical Provider

1stRX is a telehealth technology platform that connects patients with independent, licensed healthcare providers ("Providers"). 1stRX is not itself a medical provider, does not practice medicine, and does not prescribe medications.

All clinical decisions — including whether to prescribe, what to prescribe, and at what dose — are made solely by the independent licensed Providers you consult through the platform. 1stRX does not control or direct clinical judgment.

Use of the Service does not create a physician-patient relationship between you and 1stRX. A clinical relationship exists only between you and the licensed Provider who treats you.

3. No Guarantees of Treatment

Completing an intake questionnaire or initiating a consultation does not guarantee that a Provider will prescribe medication or provide treatment. Providers retain full clinical discretion to decline to treat or prescribe at any time.

4. Compounded Medications

Medications dispensed through the Service may be compounded by a licensed 503A compounding pharmacy. Compounded medications are not FDA-approved, although they are compounded from FDA-approved active ingredients and must comply with applicable USP standards. Individual results vary. Results from clinical trials cited on our website refer to studies of brand-name medications, not compounded formulations.

5. User Responsibilities

You agree to:

Provide accurate, complete, and current information in all intake forms and consultations
Notify your Provider promptly of any changes to your health status, medications, or allergies
Follow your Provider's instructions regarding medication use, dosing, and follow-up
Not use the Service for any unlawful purpose or in violation of these Terms
Keep your account credentials confidential and notify us immediately of any unauthorized access

6. Subscription, Pricing, and Payment

Pricing for medications and consultations is displayed on the Service and is subject to change. Prices shown represent compounded formulation pricing; final pricing is confirmed after your consultation. By providing payment information, you authorize us (or our payment processor) to charge the stated fees.

Subscriptions renew automatically unless cancelled. You may cancel at any time through your account portal or by contacting support@1strx.com. Cancellations take effect at the end of the current billing period; we do not provide prorated refunds for partial months unless required by applicable law.

7. Refund Policy

Consultation fees are non-refundable once a Provider has reviewed your intake or conducted a consultation. If medication has been dispensed and shipped, we cannot accept returns for prescription medication under applicable pharmacy laws. If your order has not yet been fulfilled, please contact us immediately and we will do our best to assist.

8. Intellectual Property

All content on the Service — including text, graphics, logos, images, and software — is owned by or licensed to 1stRX and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

9. Prohibited Conduct

You agree not to:

Use the Service to obtain medications for anyone other than yourself
Misrepresent your health history or identity
Attempt to circumvent any security or access controls
Scrape, crawl, or systematically extract data from the Service
Upload or transmit malware, viruses, or other harmful code

10. Telehealth Consent

By initiating a consultation, you consent to receive healthcare services via telehealth technology, which involves electronic communication of medical information between you and a licensed Provider. You understand that: (a) the laws of the state in which you are located govern the delivery of telehealth services; (b) technical difficulties may interrupt or prevent the consultation; and (c) you have the right to withdraw this consent at any time.

11. Privacy

Your use of the Service is subject to our Privacy Policy and, where applicable, our HIPAA Notice of Privacy Practices. By using the Service, you consent to the collection and use of information as described in those documents.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

1STRX DOES NOT WARRANT THAT ANY SPECIFIC HEALTH OUTCOME WILL RESULT FROM USE OF THE SERVICE OR ANY MEDICATIONS OBTAINED THROUGH IT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1STRX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless 1stRX and its affiliates, officers, and employees from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of any third party.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute not resolved by arbitration shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.

16. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its applicable rules, except that either party may seek injunctive relief in court for intellectual property infringement or threatened irreparable harm.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and 1stRX individually. You waive the right to participate in a class action lawsuit or class-wide arbitration.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.

18. Contact Us

Questions about these Terms? Contact us at:

Email: legal@1strx.com
Mailing address: 1stRX, Legal Department, [Address on file]