Terms of Service
Last Updated: January 1, 2025
General. Please read the following Terms of Service (“TOS”) carefully, as they constitute a legal agreement between you and Davy Care, Inc. (“Davy Care” or us). You understand that you can take the opportunity to ask questions and receive answers regarding the terms and conditions herein. The TOS governs the provision of “Services” (defined below) provided by Davy Care to you, including by enrolling in our program (“Program”), using our website (“Website”) and/or mobile application (“Mobile App”), if applicable. By signing this TOS, including electronically, you agree to the terms and conditions herein.
Services. Davy Care assists you in evaluating, identifying, and applying to prescription assistance programs and other similar grant programs that reduce the cost of your prescription drugs, including collecting and maintaining certain health information and financial information, as well as monitoring eligibility, supporting renewals, and managing approvals in such enrolled programs (collectively, the “Services”). If you are less than 18 years of age, you may obtain Services from Davy Care subject to (i) your parent or legal guardian’s signature of this TOS (including the Privacy Policy incorporated herein), the POA (defined below), and the Authorization (defined below), and (ii) Davy Care’s discretion. If you have a history of dementia or memory loss, you may obtain Services from Davy Care subject to (i) your legal guardian’s signature of this TOS (including the Privacy Policy incorporated herein), the POA (defined below), and the Authorization (defined below), and (ii) Davy Care’s discretion.
Data. You represent that any information, including health information and financial information, which you share with us to perform the Services is current, accurate, and complete. You agree to keep the health information, financial information and other information required for the Services and participation in a PAP or grant program current, accurate and complete. Use, disclosure, and maintenance of any information that you disclose to Davy Care or authorize Davy Care to obtain from third party(ies) will be used, disclosed and maintained according to the Privacy Policy.
Specific Rights and Authorizations. If you (or a parent or legal guardian as applicable) sign a “Specific Power of Attorney for Prescription Assistance Program Applications” (the “POA”), you grant Davy Care a limited power of attorney to collect and maintain the necessary information, apply to PAPs, and communicate with related parties regarding the same. If you (or a parent or legal guardian as applicable) sign a “Specific Authorization to Release Protected Health Information” (the “Authorization”), Davy Care will contact your health plan(s) and healthcare provider(s) to collect and maintain the information necessary to complete any eligible PAPs. Davy Care does not guarantee that applications to PAPs or similar grant programs will be successful.
Communications. If you are accepted to a PAP or grant program, Davy Care will contact you by the phone or email address provided at registration. If you disclose your email address to us, you do so voluntarily. If you disclose your cell telephone number to us, you do so voluntarily. You recognize that by providing your email address and cell telephone number, and agreeing to these Terms, you are authorizing us to send advertising or telemarketing or billing and collections emails to that email address, and to send advertising or telemarketing or billing and collections voice calls and text messages to that cell phone number, using an automated dialer system, or an artificial or pre-recorded voice. You understand this will occur regardless of your status on any State or Federal Do Not Call list. Messaging and data rates may apply from your mobile carrier. You understand that you may stop receiving phone, text or email alerts by replying to a text message or email message from us, or by accessing a web-based mechanism, such as an “unsubscribe” page, that we may provide (as further detailed in each text message or email message from us).
Fees. If your prescription(s) are medically necessary and you desire to complete enrollment in one or more PAP or grant programs, you shall pay Davy Care a fee for the Services as provided in this Section (“Fee”). The Parties agree that the Fee is for Services rendered by Davy Care to assist with your enrollment and participation in PAP or grant programs, and it does not include the cost of any medications.
Fee for One PAP or Grant Program. If you are enrolling in one PAP or grant program, you shall pay Davy Care according to one of the following payment options no later than the date that Davy Care accept you into the Program: (i) Option 1: $50.00 per month for three (3) months; or (ii) Option 2: $135.00 as a one-time fee.
Fee for More than One PAP or Grant Program. If you are enrolling in more than one PAP or grant program, collectively, you shall pay Davy Care according to one of the following payment options no later than the date that Davy Care accept you into the Program: (i) Option 1: $75.00 per month for three (3) months; or (ii) Option 2: $205.00 as a one-time fee..
Payment Method. Davy Care will charge to the debit or credit card you provided at registration. These fees are non-refundable unless required by law and apply solely to Davy Care’s Services for the specified three-month period. If you require assistance beyond this timeframe, additional fees may apply.
Refund Exceptions. If you are deemed ineligible for the PAP or grant program and provide Davy Care with an official denial letter from the program administrator, Davy Care will refund any paid fees. Davy Care reserves the right to validate the denial letter before issuing a refund.
Returned Payment Fees. You will be held responsible for any fees incurred by Davy Care due to a returned electronic payment transfer, chargeback, or other payment issue caused by your financial institution.
Restrictions. At this time, you may not use Health Savings Accounts (HSAs), Health Reimbursement Arrangements (HRAs), or Flexible Spending Accounts (FSAs) to pay for Davy Care’s services, in compliance with IRS rules.
Late Payments. If you are unable to pay the Fee on time, you agree to notify Davy Care promptly to find a resolution. Late payments may result in a late fee of up to 1.5% per month (or the maximum interest rate allowed by law) on the outstanding balance. If balances remain unresolved, Davy Care reserves the right to terminate your participation in the program. You are personally responsible for any outstanding balances and agree to pay all collection costs, including legal fees, if applicable.
No Pharmacy Services. You acknowledge that Davy Care is not a pharmacy, nor does it ship, prescribe, purchase, sell, handle, or dispense prescription medication of any kind. You acknowledge that prescriptions will ship directly from a pharmaceutical manufacturer and such shipment may occur several weeks after enrollment in the applicable PAP or grant program is complete. You acknowledge that any discounts are made available to you directly by the party(ies) administering the PAPs and/or grant programs. You agree not to seek payment or reimbursement from any health plan or health insurance company for prescription drugs that you receive as a result of our Services. If you do seek payment or reimbursement for such drugs, you agree to be responsible for any fees, penalties, or liabilities that you or Davy Care incurs as a result of such actions or omissions.
Not Medical Advice. Neither the Website, the Mobile App (if applicable), nor the Services should be a substitute for medical advice for medical problems or conditions. CONSULT YOUR PHYSICIAN ABOUT THE PRUDENCE OF STOPPING OR DELAYING TAKING YOUR PRESCRIBED MEDICATIONS WHILE WAITING ON PROCESSING YOUR PAP OR GRANT APPLICATION OR RECEIPT OF APPROVED MEDICATIONS. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT A SUBSTITUTE OR REPLACEMENT FOR HEALTH INSURANCE.
Termination. You acknowledge that pharmaceutical manufacturers and other companies that administer PAPs and/or grant programs may change the terms and conditions at any time. If within the first three (3) months of enrollment, you become ineligible to participate in a PAP or grant program, Davy Care will contact you by the phone or email address provided at registration. If you are paying Davy Care the Fee under a monthly option, Davy Care will not charge you for a month in which you are no longer eligible at all for the PAP or grant program. Davy Care may suspend or terminate your access to your account, the Program, or any Services if we believe you have materially breached this TOS or your use of the Services otherwise presents any legal or other risk to Davy Care or any third party. If we terminate your access to the Services or if you request the deactivation of your account, your data will no longer be accessible to you through your Account. Upon termination, all licenses and other rights granted to you in these TOS will immediately cease.
Compliance. You may not transfer, license or assign the Services, your related account, or paid fees to anyone. You are responsible for any activity, including transactions or purchases, in your account on our Website and/or Mobile App, as applicable. You agree to immediately notify us of any suspected unauthorized transactions associated with your account on our Website and/or Mobile App, as applicable. You agree to keep your username and password information private and secure. BY ACCESSING OR USING OUR SERVICES, THE WEBSITE, THE MOBILE APP, YOU AGREE TO COMPLY WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES, AND ANY OTHER REQUIREMENTS DISCLOSED BY Davy Care ON THE WEBSITE, MOBILE APP ETC.
Feedback. Any suggestions, ideas, enhancement requests, recommendations, or other feedback that you provide to Davy Care regarding its products, services, or operations ("Feedback") will be deemed non-confidential and the sole property of Davy Care. By submitting Feedback, you hereby assign all rights, title, and interest in the Feedback to Davy Care, including any intellectual property rights, and agree that Davy Care may use, modify, and incorporate the Feedback into its products or services without restriction or obligation to you. You represent and warrant that you have the necessary rights to provide the Feedback and that such Feedback does not infringe or violate the rights of any third party.
ARBITRATION. BY USING THE SERVICES, YOU AGREE THAT ANY DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS TOS, THE SERVICES, OR YOUR RELATIONSHIP WITH Davy Care UNDER THE PROGRAM WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. ARBITRATION WILL BE CONDUCTED UNDER THE RULES OF THE ARBITRATION ORGANIZATION, E.G., AMERICAN ARBITRATION ASSOCIATION (AAA) AND WILL TAKE PLACE IN DELAWARE. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT. IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY AND APPEAL RIGHTS MAY BE MORE LIMITED. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT BY PROVIDING WRITTEN NOTICE TO SUPPORT@DAVYCARE.COM WITHIN 30 DAYS OF AGREEING TO THIS PROVISION. IF YOU OPT OUT, NEITHER YOU NOR Davy Care CAN REQUIRE THE OTHER TO ARBITRATE DISPUTES. NOTWITHSTANDING THIS ARBITRATION PROVISION, EITHER PARTY MAY BRING CLAIMS IN SMALL CLAIMS COURT, SUBJECT TO APPLICABLE LIMITS.
INDEMNIFICATION. EACH PARTY (THE "INDEMNIFYING PARTY") AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OTHER PARTY (THE "INDEMNIFIED PARTY") FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF THE INDEMNIFYING PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MATERIAL BREACH OF THIS AGREEMENT. THE INDEMNIFYING PARTY SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO Davy Care SINCE THE DATE THAT THE PARTIES FULLY EXECUTED THE AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR LIABILITIES ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF CONFIDENTIALITY.
Intellectual Property. The Davy Care logo and other Davy Care trademarks, service marks, graphics and logos used in connection with the Program, the Website, the Mobile App (if applicable), or the Services are trademarks or registered trademarks of Davy Care or its affiliates (collectively, “Davy Care Marks"). Third party trademarks, service marks, graphics and logos used in connection with Website, the Mobile App (if applicable), or the Services are the trademarks of their respective owners (collectively, "Third-Party Marks"). The Davy Care Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Davy Care or the applicable trademark holder.
Severability. If any provision of these TOS shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement. These TOS supersede all prior understandings regarding the Program, the Services, the Website, and the Mobile App and their use and represent the complete agreement between you and Davy Care. Enrollment in any PAP or grant program may be subject to additional terms of the applicable third-party. We may revise this TOS from time to time. We will notify you of material changes of these TOS on the Website and in the Mobile App, if applicable. You should review these TOS periodically. By continuing to access or use the Website, the Mobile App, the Program, or the Services after those changes become effective, you agree to be bound by the revised TOS. If you do not agree to the revised TOS, you may terminate your Services and participation in the Program as provided in the TOS.