Terms and Conditions

Introduction

This website, platform, and all associated services (collectively referred to as the “Platform”) are owned and operated by FORM by GBY (hereinafter referred to as “FORM by GBY,” “the Company,” “we,” “our,” or “us”). By accessing or using the Platform in any manner, including creating an account, completing forms, or utilizing services provided herein, you (hereinafter referred to as “you” or “your”) confirm that you have read, understood, and agree to be bound by these Terms and Conditions (the “Terms”). If you do not accept all of the terms herein, you must immediately discontinue your use of the Platform and any services offered by FORM by GBY.

Your use of the Platform constitutes your express agreement to these Terms. If you are under eighteen (18) years of age or do not have the legal capacity to enter into binding agreements, you are strictly prohibited from using this Platform. FORM by GBY reserves the right to deny access or terminate accounts at its sole discretion if it is determined that a user does not meet the eligibility criteria.

ARBITRATION NOTICE: Unless you explicitly opt out of arbitration pursuant to the instructions contained herein, you agree that any disputes arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through binding individual arbitration. This agreement to arbitrate means that you waive your right to a jury trial and to participate in class action lawsuits or class-wide arbitration. Details regarding arbitration procedures and the opt-out process are provided in the Arbitration section of these Terms.

In the event of a medical emergency, you must immediately seek in-person medical attention or call 911. The Platform is not designed to provide emergency care, complete diagnoses, or treatment for all medical conditions. FORM by GBY expressly disclaims any responsibility for addressing emergencies or urgent medical situations.

Acceptance of Terms

Your access to and use of the Platform, including all information, content, and services provided therein, is strictly governed by these Terms and all applicable federal, state, and local laws. By accessing or using the Platform, you expressly consent to be bound by these Terms. If you do not agree with any portion of these Terms, you must refrain from using the Platform and all associated services.

FORM by GBY reserves the right to modify, update, or amend these Terms at any time and without prior notice. Such modifications shall be effective immediately upon posting on the Platform. It is your responsibility to review these Terms regularly to remain informed of any updates. Continued use of the Platform after modifications constitutes your acceptance of the revised Terms.

Additionally, any new features, products, or services added to the Platform shall be subject to these Terms from the moment they are made available. Should you disagree with any changes or additions, your sole recourse is to cease using the Platform.

Relationship with FORM by GBY

By registering or using the Platform, you acknowledge that your relationship with FORM by GBY is that of a customer and not that of a patient or healthcare provider. While the Platform may facilitate access to prescription medications, healthcare providers, medical groups, pharmacies, and laboratories (collectively referred to as “Third Parties”), FORM by GBY does not provide healthcare services and does not establish any healthcare provider-patient relationship with you.

The Platform enables users to consult with contracted healthcare providers and medical groups (collectively, “Medical Groups”), who may issue prescriptions or provide medical guidance when appropriate. These services are provided solely by the Medical Groups and associated providers (“Providers”), who are independent and fully responsible for the care, treatment, and services they provide. FORM by GBY does not interfere with, control, or direct the practices, procedures, or medical judgment of any Provider.

Through the Platform, you may also access pharmacies, compounding services, or laboratories that fulfill prescriptions, conduct testing, or provide ancillary medical services. These Third Parties operate independently, and FORM by GBY does not assume liability for the accuracy, completeness, or outcomes of any medical services provided by such Third Parties.

Your consent to these Terms authorizes FORM by GBY to facilitate transactions, communications, and the transfer of necessary information between you and the Third Parties to enable the provision of healthcare services, fulfillment of prescriptions, and other products or services offered through the Platform.

Third-Party Services

The Platform may include products, services, or features provided by Third Parties, including but not limited to Medical Groups, Providers, pharmacies, laboratories, and technology vendors. FORM by GBY serves as a facilitator and intermediary, but it does not control or direct the operations, performance, or conduct of these Third Parties.

Any transactions or interactions with Third Parties, including purchases, payments, shipments, and other service obligations, are solely between you and the respective Third Parties. FORM by GBY is not responsible for any loss, damage, or disputes arising from your engagement with these Third Parties. You are encouraged to exercise independent judgment and verify all credentials, licenses, and reputations of Third Parties prior to engaging in transactions or providing personal information.

Furthermore, some stakeholders of FORM by GBY may hold financial or business interests in certain Third Parties. Your use of the Platform constitutes acknowledgment and acceptance that FORM by GBY does not guarantee or endorse the performance, quality, or safety of products or services provided by Third Parties.

Protected Health Information and Privacy

Certain products and services provided through the Platform require the submission of personal and medical information. Your personal information, including but not limited to your name, address, email, phone number, and billing details, is collected in accordance with these Terms and our Privacy Policy. Your medical information, including health records and prescriptions, may be protected under federal and state privacy laws, including the Health Insurance Portability and Accountability Act (“HIPAA”) where applicable.

By using the Platform, you consent to the collection, use, and disclosure of your personal and medical information for purposes directly related to providing healthcare services, processing prescriptions, facilitating transactions, communicating with you, and complying with legal obligations. Medical Groups, Providers, pharmacies, and laboratories accessed through the Platform will maintain separate privacy practices, and you will receive their respective notices when engaging with their services.

FORM by GBY implements reasonable security measures to protect personal and medical information. However, due to the inherent risks of digital communication and electronic storage, absolute security cannot be guaranteed. You are responsible for maintaining the confidentiality of your account credentials and for reviewing communications from Providers or Third Parties promptly. FORM by GBY shall not be liable for any loss or consequences resulting from your failure to protect your information or respond to medical communications.

External Affiliates

FORM by GBY may collaborate with external affiliates, including pharmacies, laboratories, medical groups, telemedicine providers, and other vendors, to provide certain products and services through the Platform. By using the Platform, you acknowledge and agree that these external affiliates operate independently and are responsible for the professional services, medical care, or products they provide.

While FORM by GBY may facilitate access to these affiliates and act as an intermediary to coordinate communications, prescriptions, or fulfillment, FORM by GBY does not exercise control over the methods, practices, or judgments of these affiliates. The services provided by affiliates are governed by their own protocols, professional standards, and applicable laws. FORM by GBY is not liable for any outcomes, errors, omissions, or damages arising from your engagement with external affiliates.

By agreeing to these Terms, you expressly consent to the sharing of necessary personal, medical, and transactional information between you, FORM by GBY, and the external affiliates to enable the provision of services. These communications may include messages, reports, electronic prescriptions, or other data necessary to ensure continuity of care and fulfillment of orders. It is your responsibility to monitor and respond to these communications in a timely manner, and FORM by GBY shall not be liable for any consequences resulting from failure to respond or non-compliance with treatment recommendations provided by external affiliates.

Prescription Orders and Fulfillment

Certain products available through the Platform require a valid prescription from a licensed healthcare provider. To access these products, you must complete a consultation with a Provider affiliated with FORM by GBY or an external medical group. The Provider will assess your medical history, current conditions, and clinical needs before issuing a prescription, if appropriate.

Once a prescription is issued, it may be filled by a pharmacy partnered with FORM by GBY. You will receive notifications regarding fulfillment options, expected delivery times, and any associated costs. In some cases, prescriptions may be transferred between pharmacies within the network to ensure continuity of service. FORM by GBY is not responsible for delays, errors, or shortages in medication fulfillment by third-party pharmacies, and you may be required to coordinate directly with the pharmacy if issues arise.

If a particular medication is unavailable through the network, you may be directed to an external pharmacy of your choice, in which case you are responsible for payment, pickup, or delivery arrangements. Prescriptions may not always be provided in child-resistant packaging, and FORM by GBY is not liable for any consequences related to the handling or administration of prescribed medications.

FORM serves 48 States + Washington DC and does not serve Alaska and Mississippi at this time.

User Responsibilities

By using the Platform, you agree to provide accurate, complete, and current information about yourself, including personal, billing, and medical information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activity conducted under your account.

You agree not to use the Platform for any unlawful, prohibited, or unauthorized purpose. This includes but is not limited to fraudulent activity, misrepresentation, unauthorized access to data, or interference with the Platform’s functionality. You further agree not to submit any content that violates the rights of others, including intellectual property rights, privacy rights, or applicable laws.

It is your responsibility to monitor your communications with Providers, medical groups, pharmacies, and laboratories, and to follow any treatment plans, recommendations, or instructions provided. FORM by GBY is not liable for any adverse outcomes resulting from your failure to adhere to medical guidance or respond to communications in a timely manner.

Intellectual Property

All content, materials, software, logos, trademarks, and other intellectual property on the Platform are owned or licensed by FORM by GBY. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes only. Any reproduction, distribution, modification, or commercial use of Platform content without explicit written permission from FORM by GBY is strictly prohibited.

You retain ownership of any materials or communications you submit through the Platform, but by submitting such materials, you grant FORM by GBY a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, distribute, modify, and display such materials for purposes related to the operation of the Platform or improvement of services. You agree not to submit confidential or proprietary information unless a separate written agreement is in place.

FORM by GBY respects the intellectual property rights of third parties. If you believe that any content on the Platform infringes upon your copyright, trademark, or other rights, you should promptly contact FORM by GBY with detailed information, and we will respond in accordance with applicable law, including the Digital Millennium Copyright Act.

Subscription and Billing

FORM by GBY may offer certain products and services on a subscription basis. Subscriptions typically include recurring charges at intervals specified during the initial purchase. By subscribing, you authorize FORM by GBY to charge your selected payment method automatically according to the chosen billing cycle.

Subscriptions will continue unless you actively cancel or pause them through your account settings or by contacting customer support. Cancellations become effective at the end of the current billing period. Refunds for unused portions of subscriptions are generally not provided except at the discretion of FORM by GBY under limited circumstances.

FORM by GBY may modify subscription pricing, billing cycles, or service terms from time to time, and such changes will be communicated to you in advance in accordance with applicable law. You agree that FORM by GBY may process payments, refunds, and adjustments in accordance with these Terms and any associated agreements with third-party payment processors.

Third-Party Services and Disclaimers

The Platform may include products, services, and content provided by third parties, including but not limited to pharmacies, laboratories, medical groups, telemedicine providers, and other affiliates (collectively, “Third Parties”). Any transactions, interactions, or engagements with these Third Parties, including purchases, communications, or fulfillment of services, are solely between you and the respective Third Party.

FORM by GBY does not control, endorse, or guarantee the accuracy, completeness, quality, or reliability of any Third-Party services or products. You are responsible for independently verifying any Third Party before engaging in transactions or relying on their services. FORM by GBY disclaims any liability for errors, omissions, delays, or losses incurred through your use of Third-Party products or services.

In the event of a dispute between you and a Third Party, FORM by GBY is under no obligation to intervene or mediate. You agree to release, indemnify, and hold harmless FORM by GBY, its affiliates, officers, employees, and agents from any claims, damages, or liabilities arising from such disputes. California residents waive rights under California Civil Code Section 1542 to claims that are unknown or unsuspected at the time of the release. Certain stakeholders of FORM by GBY may hold financial interests in Third Parties, which could influence transactions, and you acknowledge this potential.

Shipping Policy

Please review our shipping policy here.

External Website Links and Social Media Utilization

The Platform may include hyperlinks or references to external websites, platforms, or social media pages for your convenience. These links are provided solely for informational purposes and do not constitute an endorsement by FORM by GBY of any content, products, or services available on such external sites.

Upon accessing external websites, you acknowledge that FORM by GBY does not control their content, privacy practices, or security measures. Any information shared on external sites, including personally identifiable or health information, is subject to the privacy policies of those third-party websites. FORM by GBY is not liable for any data breaches, errors, or losses resulting from your interactions with external websites or social media platforms.

Prohibited Activities

When using the Platform, you agree to refrain from engaging in any activity that violates these Terms or applicable laws. You may not access, use, or exploit the Platform for unauthorized purposes, including but not limited to: manipulating, extracting, or replicating Platform data to create derivative works; deceiving, defrauding, or misrepresenting your identity to FORM by GBY or other users; circumventing Platform security or access restrictions; or uploading malicious code, viruses, or other harmful materials.

You are prohibited from harassing, threatening, or otherwise interfering with the operations, employees, or affiliates of FORM by GBY, as well as from violating the rights of other users. Any attempt to undermine the integrity, security, or functionality of the Platform may result in immediate termination of your access and potential legal action.

Disclaimer

The Platform and its content are provided on an “as is” and “as available” basis without any representations or warranties, express or implied. FORM by GBY does not guarantee that the Platform will operate uninterrupted, error-free, or without security breaches. You acknowledge that your use of the Platform, including reliance on content, services, or communications, is at your own risk.

FORM by GBY is not responsible for any indirect, incidental, special, or consequential damages arising from your use or inability to use the Platform, including but not limited to personal injury, data loss, or loss of profits. You are encouraged to seek independent professional guidance as necessary, including medical or legal counsel, before acting on any information provided through the Platform.

Termination

FORM by GBY reserves the right to suspend or terminate your access to the Platform and Services at any time, without prior notice or liability, for any reason, including but not limited to violations of these Terms, breaches of agreements with Medical Groups, Labs, or Pharmacies, or discontinuation of Services.

Upon termination, you are prohibited from accessing or using the Platform under any name or account. Any continued use after termination constitutes a breach of these Terms. Certain provisions, including but not limited to obligations regarding confidentiality, prohibited activities, intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive termination.

FORM by GBY is not obligated to return any content, information, or records associated with your account except as required by law or as outlined in the Privacy Policy.

Exclusive Remedy

Your sole and exclusive remedy for dissatisfaction with the Platform or Services is to stop using them. FORM by GBY will not be liable for any damages of any kind arising from your use of, or inability to use, the Platform or Services.

No Warranty

FORM by GBY makes no warranties, express or implied, regarding the Platform or Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will meet your requirements or be uninterrupted, timely, secure, or error-free.

Limitation of Liability

To the fullest extent permitted by law, FORM by GBY, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Platform or Services.

In no event will FORM by GBY’s aggregate liability for all claims relating to the Platform or Services exceed the amount you paid to FORM by GBY, if any, in the twelve months preceding the event giving rise to the liability.

Confidentiality and Security

FORM by GBY takes reasonable measures to protect the confidentiality and security of your information, consistent with our Privacy Policy. However, no method of electronic transmission or storage is completely secure, and FORM by GBY cannot guarantee absolute security of your data.

You agree not to share your account credentials with any third party and to notify FORM by GBY immediately of any unauthorized access to or use of your account.

Electronic Communications, Transactions, and Signatures

By using the Platform, you consent to receive communications from FORM by GBY electronically, including via email, text message, or notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You further agree that your electronic acceptance of these Terms, and any electronic signature you provide through the Platform, has the same legal effect as a handwritten signature.

SMS and Text Messaging Disclosure

By providing your mobile phone number and opting in, you consent to receive text messages from FORM by GBY, including appointment reminders, order updates, and promotional messages. Message and data rates may apply. Message frequency varies.

You may opt out of receiving text messages at any time by replying “STOP” to any message. For assistance, reply “HELP” or contact hello@formbygby.com. Consent to receive text messages is not a condition of purchasing any goods or services.

Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES WITH FORM BY GBY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Informal Resolution

Before initiating arbitration, you agree to first contact FORM by GBY at hello@formbygby.com to attempt to resolve any dispute informally. FORM by GBY will attempt in good faith to resolve any dispute directly with you. If a dispute is not resolved within sixty days, either party may initiate binding arbitration.

Arbitration Process

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform will be resolved through binding arbitration administered by a recognized arbitration provider, rather than in court, except that either party may bring an individual action in small claims court. The arbitration will be conducted on an individual basis and will be governed by the Federal Arbitration Act.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to hello@formbygby.com within thirty days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.

Class Action Waiver

You and FORM by GBY agree that any arbitration will be conducted on an individual basis only, and not as a class, collective, consolidated, or representative action. The arbitrator may not consolidate claims of more than one party and may not preside over any form of class or representative proceeding.

Batch Arbitration

If twenty-five or more similar arbitration demands are filed against FORM by GBY by the same or coordinated counsel, the arbitration provider will administer the demands in batches, with each batch treated as a single arbitration proceeding for purposes of administrative and filing fees.

Indemnification

You agree to indemnify, defend, and hold harmless FORM by GBY, its affiliates, officers, 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: your access to or use of the Platform or Services; your violation of these Terms; your violation of any third-party right, including intellectual property or privacy rights; or any content or information you submit through the Platform.

FORM by GBY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with FORM by GBY’s defense of such claim.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles, except as preempted by federal law, including the Federal Arbitration Act.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will remain in full force and effect.

No Waiver

FORM by GBY’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FORM by GBY.

California Users and Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: if you have a question or complaint regarding the Platform, please contact us at hello@formbygby.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing.

California residents also have certain rights under the California Consumer Privacy Act, as further described in our Privacy Policy.

Miscellaneous

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FORM by GBY regarding your use of the Platform and supersede any prior agreements. FORM by GBY’s failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.

You may not assign or transfer these Terms, by operation of law or otherwise, without FORM by GBY’s prior written consent. FORM by GBY may assign or transfer these Terms, in whole or in part, without restriction. These Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

Section headings in these Terms are for convenience only and have no legal or contractual effect. Any notices to FORM by GBY should be sent to hello@formbygby.com.

Contact Information

If you have any questions about these Terms, please contact us at:

FORM by GBY

Email: hello@formbygby.com

Address: 6755 Badura Ave, Las Vegas, Nevada 89118