Terms of Service

These Terms of Service ("Agreement") govern your access to and use of the CRAVE Compliance platform and website (collectively, the "Service") provided by CRAVE Compliance LLC ("CRAVE," "we," "us," or "our"). By creating an account, subscribing to the Service, or otherwise accessing or using the Service, you agree to be bound by this Agreement.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference. If you are entering into this Agreement on behalf of an organization (such as a pharmacy or healthcare entity), you represent that you have the authority to bind that organization to this Agreement, and references to "you" include that organization.

If you do not agree to these terms, you may not access or use the Service.

2. Eligibility

The Service is intended for use by licensed pharmacy professionals, pharmacy owners, and authorized personnel working in regulated healthcare environments in the United States. By using the Service, you represent that you are at least 18 years of age and are authorized to use pharmacy quality management software in connection with a licensed pharmacy or related healthcare organization.

3. Accounts and Access

You must create an account to access the Service. You agree to provide accurate and complete registration information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at support@cravecompliance.com if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account that occurs before you notify us.

You may not share your account credentials with individuals outside your organization or create accounts for third parties without our prior written consent.

4. Subscription, Billing, and Cancellation

Subscriptions

The Service is offered on a subscription basis. Your subscription begins on the date you first activate it and renews automatically at the end of each billing period (monthly or annual, as selected) unless you cancel before the renewal date.

Billing

By providing a payment method, you authorize us to charge the applicable subscription fees to that payment method. All fees are stated in U.S. dollars and are exclusive of taxes. You are responsible for all applicable taxes. We use a third-party payment processor and do not store full payment card details.

Price Changes

We may change subscription pricing with at least 30 days' advance notice. Price changes take effect at the start of your next billing period following the notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial periods unless required by applicable law.

Suspension for Non-Payment

If we are unable to charge your payment method, we may suspend your access to the Service after providing reasonable notice. You remain responsible for any unpaid amounts.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You must not:

• Use the Service in any way that violates applicable federal, state, or local law or regulation, including HIPAA and pharmacy practice laws
• Misrepresent your identity or affiliation, or create accounts under false pretenses
• Upload or transmit malicious code, viruses, or any other disruptive technology
• Attempt to gain unauthorized access to any part of the Service or its underlying infrastructure
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the platform
• Resell, sublicense, or make the Service available to third parties without our written consent
• Use the Service to generate false, fraudulent, or misleading compliance records
• Interfere with the integrity or performance of the Service or the data of other users

We reserve the right to suspend or terminate your access for violations of this section without prior notice.

6. Your Content and Data

You retain ownership of all content, documents, records, and data you upload to or create within the Service ("Your Content"). By submitting Your Content to the Service, you grant CRAVE a limited, non-exclusive, worldwide license to host, store, process, and display Your Content solely as necessary to provide and improve the Service.

You are solely responsible for the accuracy, completeness, and legality of Your Content. You represent that you have all rights necessary to submit Your Content and that doing so does not violate any third-party rights.

We do not use Your Content to train machine learning models or sell it to third parties.

7. Intellectual Property

The Service and all underlying technology, software, content, designs, trademarks, and other materials provided by CRAVE (excluding Your Content) are the intellectual property of CRAVE Compliance LLC and are protected by applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your active subscription. This license does not grant you any ownership interest in the Service or any right to use our trademarks or branding without our prior written consent.

8. No Legal, Regulatory, or Professional Advice

9. No Guarantee of Compliance

10. HIPAA and Business Associate Agreements

The Service is designed as a quality management system for compounding pharmacy operations and is not intended to store or process individually identifiable protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.

If your use of the Service requires CRAVE to process PHI on your behalf such that CRAVE would qualify as a Business Associate under HIPAA, you must execute a Business Associate Agreement (BAA) with CRAVE Compliance LLC before uploading any PHI to the platform. You may request a BAA by contacting legal@cravecompliance.com.

You agree not to upload PHI to the Service unless a signed BAA is in place. CRAVE is not liable for any HIPAA violation arising from your unauthorized upload of PHI without a BAA.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CRAVE DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRAVE COMPLIANCE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOSS OF DATA, REGULATORY FINES, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CRAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CRAVE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CRAVE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the limitation of liability for certain types of damages, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless CRAVE Compliance LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your violation of this Agreement; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of a third party.

14. Termination

Either party may terminate this Agreement at any time. You may terminate by canceling your subscription and ceasing use of the Service. We may terminate or suspend your access immediately, without prior notice, if you materially breach this Agreement or if continued access poses a security risk.

Upon termination, your right to use the Service ceases immediately. Sections 7 (Intellectual Property), 8 (No Advice), 9 (No Guarantee), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law) survive termination.

Following termination of a paid subscription, we will make Your Content available for export for 30 days, after which it may be deleted. It is your responsibility to export any records you need to retain for regulatory purposes before that window closes.

15. Governing Law and Disputes

This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict-of-law principles. Any dispute arising out of or relating to this Agreement or the Service that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in South Carolina. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

16. Changes to These Terms

We may update this Agreement from time to time. If we make material changes, we will notify you by email or by posting a notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any updated Agreement constitutes your acceptance of the changes.

If you do not agree to the updated terms, you must stop using the Service before the effective date and cancel your subscription.

17. Contact Us

If you have questions about this Agreement or wish to request a Business Associate Agreement, please contact us:

CRAVE Compliance LLC
Email: legal@cravecompliance.com
Support: support@cravecompliance.com
Website: cravecompliance.com