Terms of Service

1. Agreement and Parties

These Terms of Service ("Terms") constitute a binding agreement between you ("User," "you," or "your") and Information Pharm Corporation, a Michigan corporation ("Company," "we," "us," or "our"), governing your access to and use of the FormCheckRx platform, website at formcheckrx.com, and all related services (collectively, the "Service").

By creating an account, accessing the Service, or using any feature of the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Nature of the Service

FormCheckRx is a Medicaid drug formulary reference instrument. The Service enables credentialed healthcare professionals and their support staff to search drug coverage status, prior authorization requirements, quantity limits, carve-out classifications, and safety flag information across Medicaid managed care plans in all 50 states and the District of Columbia.

FormCheckRx provides reference information derived from official state Preferred Drug Lists (PDLs) and supplemented by a proprietary multi-agent framework. The Service is analogous in function to a formulary reference manual, clinical drug database, or pharmacy benefit reference tool.

3. No Patient Data

FormCheckRx accepts two inputs: a drug name and a state. The platform is architecturally designed to never receive, store, process, or transmit Protected Health Information ("PHI") as defined by 45 CFR §160.103. No patient name, date of birth, member identification number, diagnosis code, medical record number, or any other patient-identifying information should be entered into the Service under any circumstance.

Under 45 CFR §160.103, Information Pharm Corporation is not a covered entity or business associate under the Health Insurance Portability and Accountability Act ("HIPAA"). No Business Associate Agreement is required or appropriate for use of this Service.

4. Eligibility and Intended Users

FormCheckRx is designed for use by licensed and credentialed healthcare professionals and the organizations that employ them, including but not limited to:

• Licensed physicians, physician assistants, and nurse practitioners
• Licensed pharmacists and pharmacy technicians
• Care coordinators and case managers
• Social workers with clinical healthcare responsibilities
• Discharge planners and transition-of-care staff
• Healthcare administrators with formulary management responsibilities
• Students in accredited health professions programs under faculty supervision

The Service is not designed as a patient self-service tool. If you are a Medicaid beneficiary seeking information about your prescription coverage, we recommend contacting your managed care plan, pharmacist, or prescriber directly. FormCheckRx may provide general formulary context but cannot provide patient-specific determinations.

You must be at least 18 years of age to create an account.

5. Appropriate Reliance

FormCheckRx is designed to be relied upon for formulary reference purposes by qualified healthcare professionals and administrative staff. Appropriate uses include:

• Appropriate: Determining a drug's formulary tier and identifying covered alternatives before a prescription is written
• Appropriate: Verifying prior authorization requirements before submitting a PA request
• Appropriate: Identifying whether a drug is a carve-out drug requiring fee-for-service billing rather than MCO billing
• Appropriate: Using results as part of a discharge planning or medication reconciliation workflow
• Appropriate: Training clinical and administrative staff on formulary navigation concepts

FormCheckRx is not a substitute for live claims adjudication, medical advice from a licensed prescriber, or patient-specific clinical decision-making. Formulary data is subject to change. For recently changed drugs, confirm current status with the applicable managed care plan.

6. Accounts and Access

To access the Service, you must create an account using a valid email address and complete our email verification process. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You may not share account credentials with other individuals. Each paid plan seat is licensed for use by a single named user associated with a verified email address. You may not create multiple accounts for the purpose of circumventing query limits or accessing features restricted to paid tiers.

You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

7. Subscription Plans and Payment

7.1 Plan Tiers

Free: 15 one-time queries upon account creation. No payment method required. Queries do not reset. No PDF export (screen-only results). An upgrade to a paid plan is required for additional queries or PDF export access.

Professional: $29.99 per month. 2,000 queries per month. One seat. 30 PDF exports per month. Full PA criteria, safety flags, carve-out detection, confidence grades, and all platform features. Email support.

Clinic: $99.99 per month. 6,000 queries per month. Five seats. Unlimited PDF exports. Email invite management for seat assignment and access revocation. All Professional features included.

Organization: $279.99 per month. 20,000 queries per month. Fifteen seats. Unlimited PDF exports. Email invite management. All Clinic features included.

Enterprise: Custom pricing. Contact sales only. Negotiated query allocation, seat count, and API access terms. Unlimited PDF exports. SSO/SAML integration, dedicated account management, and 60-day no-cost evaluation for qualifying institutions. Contact [email protected].

7.2 Billing

Subscription fees are billed in advance on a monthly or annual basis through our payment processor, Stripe. By subscribing, you authorize Information Pharm Corporation to charge the payment method on file at the beginning of each billing cycle. All fees are quoted and payable in United States dollars.

7.3 Query Limits

All plans enforce query limits as specified above. Query limits are enforced server-side and reset at the beginning of each monthly billing cycle. Users who reach their limit receive notification within the platform with an option to upgrade. Unused queries do not roll over between billing periods.

7.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. Access to paid features continues through the end of the period for which payment has been made.

We do not issue refunds for partial billing periods except where required by applicable law. Annual subscriptions that are cancelled mid-term are not prorated. If you believe you have been charged in error, contact [email protected] within 30 days of the charge.

7.5 Price Changes

We may change subscription prices with 30 days' notice to current subscribers. Price changes do not apply until the next billing cycle following the notice period. Existing annual subscriptions are honored at the rate in effect at the time of purchase through the end of the annual term.

8. Prohibited Conduct

The following conduct is strictly prohibited across all plans, including the free tier. These restrictions protect the integrity of the platform, the accuracy of our data systems, and the experience of all authorized users.

• No Automated Access. You will not use bots, scrapers, automated scripts, browser automation tools, or any non-human method to access, query, or interact with FormCheckRx. This prohibition applies regardless of plan tier, stated purpose, or institutional affiliation.
• No Data Harvesting. You will not use data mining, screen scraping, web harvesting, or similar techniques to compile, store, redistribute, or commercially exploit FormCheckRx formulary data outside of normal individual platform use.
• No Circumvention. You will not attempt to bypass, disable, or circumvent query limits, rate limits, account verification, device verification, PDF export limits, feature gates, or any other access control implemented by the Service.
• No Infrastructure Interference. You will not impair, damage, or overload our platform, servers, or connected networks, or send more requests in any period than a human user can reasonably produce using a conventional web browser.
• No Resale or Redistribution. You will not resell, sublicense, redistribute, or commercially exploit access to the Service or the data returned by the Service without a separately executed commercial license from Information Pharm Corporation.
• No Reverse Engineering. You will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying architecture of the Service or its proprietary multi-agent framework.
• Search Engine Exception. Operators of public search engines may index publicly accessible marketing and informational pages only. Application endpoints, formulary data pages, and authenticated content are excluded from this exception and are protected by robots.txt directives.

Enforcement: Information Pharm Corporation reserves the right to suspend or terminate access, pursue injunctive relief, and seek civil and criminal remedies against individuals or entities engaged in prohibited conduct, including claims under the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Digital Millennium Copyright Act (17 U.S.C. § 1201), and applicable Michigan law. Violation of these provisions constitutes material breach of this Agreement.

9. API Access

Programmatic API access to FormCheckRx formulary data is exclusively available under a separately negotiated Enterprise Agreement. API access is not available under the Free, Professional, Clinic, or Organization plans.

Enterprise API access is subject to custom rate limits, permitted use restrictions, data licensing terms, audit logging requirements, and applicable fees as defined in the Enterprise Agreement. To inquire about API access, contact [email protected].

Any attempt to access FormCheckRx data programmatically without an active Enterprise Agreement constitutes a material breach of these Terms and will result in immediate account termination.

10. Data Accuracy and Clinical Disclaimer

FormCheckRx provides formulary reference information based on official state Preferred Drug Lists and supplemented by a proprietary multi-agent framework. We make commercially reasonable efforts to ensure accuracy and timeliness of formulary data. Verified states are reviewed by a licensed Doctor of Pharmacy (PharmD) against the official state PDL before publication. AI-generated results for non-verified states are clearly labeled.

However, formulary data is subject to change. State PDLs are typically updated quarterly but may change at any time. MCO-specific coverage policies may differ from the state PDL. Prior authorization criteria, quantity limits, and step therapy requirements are subject to change without notice by the applicable plan.

10.1 Confidence Scoring

Search results include a confidence grade (A through F) reflecting the reliability of the underlying data. Results marked "Verified" have been reviewed by a licensed pharmacist against the official state PDL. Results generated by the proprietary multi-agent framework carry a confidence grade based on data source quality, recency, and corroboration. Confidence grades are informational and do not constitute a warranty of accuracy. Users should exercise professional judgment regardless of the confidence grade displayed.

10.2 User Error Reporting

Paid plan users may report suspected data errors through the platform's flag system. Flags are reviewed by our clinical team. Abuse of the flag system — including submission of false, frivolous, or malicious reports — may result in revocation of flag submission privileges for the offending account. Flag privilege revocation does not affect other platform features or query access.

11. Intellectual Property

The FormCheckRx platform — including its proprietary multi-agent search architecture, user interface, design system, documentation, marketing materials, and all software code — is the property of Information Pharm Corporation and is protected by United States copyright law and applicable trade secret law. All rights not expressly granted in these Terms are reserved by Information Pharm Corporation.

The underlying Medicaid formulary data is derived from publicly available government sources (official state Medicaid authority PDLs) and is not proprietary to Information Pharm Corporation. However, our selection, arrangement, enhancement, indexing, safety flag integration, and presentation of that data constitutes original expression and compilation protected by copyright.

The FormCheckRx name, logo, and visual identity are trademarks of Information Pharm Corporation. You may not use our trademarks without prior written permission.

12. PDF Export Terms

PDF export is available to paid plan subscribers only. Free tier accounts do not have PDF export access. PDF export limits per billing cycle are as follows: Professional plan — 30 PDF exports per month; Clinic, Organization, and Enterprise plans — unlimited PDF exports.

PDF exports generated by the Service include a timestamp indicating the date of generation and a notice stating that formulary data is valid as of the date shown. PDF exports are provided for documentation purposes and are subject to the same accuracy disclaimers and confidence grades as on-screen results.

PDF exports may not be compiled into databases, redistributed commercially, or used to create competing products. Each PDF export is a point-in-time reference document and should not be relied upon as current formulary status beyond a reasonable period following the generation date.

13. Limitation of Liability

FormCheckRx provides accurate formulary reference information and stands behind the quality of that reference. However, formularies change, real-time adjudication is performed by the plan's pharmacy benefit manager, and no reference instrument can guarantee that every result reflects the most current formulary status at every moment.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFORMATION PHARM CORPORATION'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO INFORMATION PHARM CORPORATION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL INFORMATION PHARM CORPORATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF INFORMATION PHARM CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Information Pharm Corporation, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content or data you submit to the Service.

15. Termination

Information Pharm Corporation may suspend or terminate your access to the Service immediately, without prior notice, for any of the following reasons: (a) violation of these Terms, including prohibited conduct under Section 8; (b) non-payment of subscription fees; (c) suspected fraudulent, abusive, or unauthorized automated activity; (d) a valid legal requirement or law enforcement request.

You may terminate your account at any time by cancelling your subscription through the platform settings or by contacting [email protected]. Upon termination, your right to access the Service ceases immediately (or at the end of the current billing period for voluntary cancellations).

Sections 3 (No Patient Data), 8 (Prohibited Conduct), 10 (Data Accuracy), 11 (Intellectual Property), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law) survive termination of these Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Service that cannot be resolved through good-faith negotiation shall be resolved in the state or federal courts located in Oakland County, Michigan. You irrevocably consent to the personal jurisdiction and venue of those courts.

Before initiating any formal legal proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for a period of at least thirty (30) days.

17. Modifications to These Terms

Information Pharm Corporation reserves the right to modify these Terms at any time. We will notify subscribers by email at least thirty (30) days before material changes take effect. The effective date at the top of this document reflects the most recent revision.

Continued use of the Service following the effective date of updated Terms constitutes acceptance of those updated Terms. If you do not agree with the updated Terms, you must discontinue use of the Service and cancel your subscription before the effective date.

18. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any applicable Enterprise Agreement, constitute the entire agreement between you and Information Pharm Corporation regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The failure of Information Pharm Corporation to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Information Pharm Corporation may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Force Majeure. Information Pharm Corporation shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, na