These Terms of Service (“Terms” or “Agreement”) form a binding legal agreement between you and QIM Solutions LLC dba QIM Health (“QIM Health,” “we,” “us,” or “our”). Please read them carefully. By accessing or using our Services, you agree to be bound by these Terms.
1. Definitions.
As used in these Terms:
- “Agreement” means these Terms of Service, together with our Privacy Policy, HIPAA Notice of Privacy Practices, and Telehealth Informed Consent, each incorporated by reference.
- “Client” or “you” means any individual who accesses or uses the Services, whether as a prospective or active patient.
- “Physician(s)” means the independent, board-certified, licensed medical professionals who provide clinical services through the QIM Health platform.
- “Services” means the QIM Health website, mobile application, client portal, telehealth platform, diagnostic coordination, prescription management, health-coaching content, and all related features and functionality.
- “Portal” or “Platform” means the secure digital environment through which you access your health records, lab results, communications with your care team, and related tools.
- “Content” means all text, data, images, audio, video, and other material made available through the Services.
- “PHI” means Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations.
- “Telehealth Services” means the remote clinical consultations, physician-reviewed lab interpretations, and related medical services delivered via electronic communication technology.
2. Q.I.M. Does Not Provide Emergency Medical Care.
The Services are not designed or intended for medical emergencies, acute illness, or time-sensitive clinical situations. If you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency room.
For urgent mental health crises, contact the 988 Suicide & Crisis Lifeline (call or text 988) or your local emergency services. QIM Health is not a crisis intervention service and cannot provide emergency psychiatric care.
Do not use the Services to seek diagnosis or treatment for symptoms that require immediate in-person evaluation. QIM Health expressly disclaims any responsibility for harm arising from failure to seek timely emergency care.
3. Use of Services.
QIM Health is a technology platform that facilitates concierge telehealth consultations with licensed independent Physicians, coordinates advanced diagnostic lab testing through Quest Diagnostics, and provides longevity and preventive medicine guidance. QIM Health does not itself practice medicine. All medical decisions, diagnoses, and treatment recommendations are made solely by independent Physicians operating under their own professional licenses and clinical judgment.
The Services are intended for elective health optimization, preventive care, and chronic condition management in stable, non-emergency clinical situations. QIM Health does not provide primary care, urgent care, specialist referrals, or hospital-level services.
By using the Services, you acknowledge that you understand the nature and limitations of telehealth and that in-person evaluation may be necessary or appropriate in certain circumstances. Your Physician may, at their clinical discretion, decline to treat a condition via telehealth and refer you to an in-person provider.
4. Eligibility.
To use the Services, you must:
- Be at least 18 years of age;
- Be a resident of, and physically located in, a jurisdiction in which QIM Health’s Physicians are licensed to practice medicine at the time of each consultation;
- Have the legal capacity to enter into a binding contract;
- Provide accurate, complete, and current information about yourself and your health history;
- Not be located outside the United States during a telehealth consultation.
By using the Services, you represent and warrant that you meet all eligibility requirements. QIM Health reserves the right to verify eligibility and to suspend or terminate access for any user who does not meet these requirements.
5. Account Registration & Responsibilities.
To access most features of the Services, you must register for an account. When registering, you agree to provide accurate, complete, and current information and to update it promptly when it changes. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to: (a) notify us immediately at support@qimhealth.com if you become aware of any unauthorized access to or use of your account; (b) not share your account credentials with any other person; (c) not allow any other person to use your account to receive medical services; and (d) log out of your account at the end of each session on shared devices.
QIM Health is not liable for any loss or damage arising from your failure to maintain account security. You are solely responsible for all activity conducted through your account.
6. Limited License to Use the Services.
Subject to your compliance with these Terms, QIM Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial healthcare purposes. This license does not include any right to: (a) sublicense or transfer access to any third party; (b) modify, adapt, or create derivative works of any Content; (c) use the Services for commercial purposes or on behalf of any third party; or (d) access the Services by automated means.
All rights not expressly granted in these Terms are reserved by QIM Health and its licensors. Access to the Services is conditioned on your ongoing compliance with this Agreement, and any violation may result in immediate termination of this license.
7. Client Portal, AI-Enhanced Features & Summaries.
The QIM Health Portal provides you with access to your lab results, physician notes, treatment protocols, secure messaging, and related health management tools. Certain features of the Portal may include AI-assisted tools that generate summaries, trend analyses, or educational content based on your health data.
AI-generated content is for informational and administrative purposes only and does not constitute medical advice, diagnosis, or treatment. All AI-generated summaries are subject to review by your treating Physician before being incorporated into your clinical record or care plan. You should not rely solely on AI-generated content when making health-related decisions.
QIM Health makes no warranty regarding the accuracy, completeness, or timeliness of AI-generated outputs. AI tools may make errors, and you should always discuss your results and health questions directly with your Physician. QIM Health assumes no liability for decisions made in reliance on AI-generated content without appropriate physician review.
8. Health Coaching & Treatment Recommendations.
QIM Health may provide health coaching content, educational materials, and lifestyle guidance as part of the Services. This content is evidence-informed and developed in collaboration with licensed clinicians; however, general health coaching content does not constitute individualized medical advice and is not a substitute for a physician-patient relationship.
Personalized treatment recommendations, medication prescriptions, and protocol adjustments are made exclusively by your licensed treating Physician based on your individual lab results, health history, and clinical presentation. QIM Health does not guarantee any specific health outcome, biomarker improvement, or therapeutic response.
You agree to follow up with your Physician if you experience unexpected symptoms, side effects, or changes in your health status while on a QIM Health protocol. It is your responsibility to keep your health information current and to communicate honestly with your care team.
9. Diagnostic Testing Through Quest Diagnostics.
QIM Health coordinates laboratory diagnostic testing through Quest Diagnostics, an independent third-party laboratory network. By using QIM Health’s diagnostic services, you acknowledge and agree that:
- Quest Diagnostics is an independent company and not an agent or employee of QIM Health;
- Quest Diagnostics operates under its own terms of service, privacy policies, and laboratory procedures, which govern your interactions with their facilities;
- QIM Health coordinates your lab orders and facilitates scheduling but is not responsible for the collection, processing, or reporting of lab specimens by Quest Diagnostics;
- Lab results are typically delivered within 48 hours of specimen collection, but timing may vary based on test complexity and Quest Diagnostics’ processing schedule;
- You must fast as directed prior to your draw; failure to follow pre-draw instructions may affect result accuracy and may require a repeat draw at your expense;
- QIM Health lab orders are intended for QIM Health clinical use and may not be used to fulfill requirements of other healthcare providers without those providers’ independent clinical judgment.
10. Use of Third-Party Services.
The Services may incorporate, link to, or rely upon third-party software, platforms, payment processors, pharmacies, and service providers, including but not limited to GoHighLevel (CRM and communications), Stripe (payment processing), compounding pharmacy partners, and telehealth infrastructure providers. Your use of any third-party service is subject to that service’s own terms of service and privacy policy.
QIM Health is not responsible for the practices, availability, accuracy, or content of third-party services. We do not endorse and are not liable for any third-party products, services, or websites linked from or integrated into the Services. Any transactions you conduct with third parties through the Services are solely between you and that third party.
Third-party integrations may be modified, suspended, or discontinued at any time. QIM Health will make commercially reasonable efforts to notify you of material changes to third-party services that affect your care, but cannot guarantee uninterrupted access to any third-party feature.
11. Your Information & Data Privacy.
Your privacy is important to us. Our collection, use, and protection of your personal information and PHI is governed by our Privacy Policy and HIPAA Notice of Privacy Practices, both of which are incorporated into this Agreement by reference.
By using the Services, you consent to the collection and use of your information as described in those documents. You represent that any information you provide to QIM Health is accurate and that you have the legal right to share it. You agree not to submit false, misleading, or fraudulent health information, as doing so could result in clinical errors and harm to your health.
QIM Health implements HIPAA-compliant safeguards to protect your PHI. You have the right to access, correct, and request deletion of your health information, subject to applicable legal and clinical record-retention requirements. To exercise these rights, contact our Privacy Officer at privacy@qimhealth.com.
12. Communications Consent.
By providing your phone number and email address when registering, you expressly consent to receive communications from QIM Health via email, SMS/text message, and automated telephone calls for purposes including: appointment reminders, lab result notifications, care team messages, billing updates, and administrative notices.
You may opt out of non-essential marketing communications at any time by clicking “unsubscribe” in any email, replying STOP to any text message, or contacting support@qimhealth.com. Opting out of marketing communications does not affect your receipt of clinically necessary or account-related messages, which are required for service delivery.
Message and data rates from your carrier may apply to SMS communications. By providing a mobile number, you confirm that you are the account holder or have the account holder’s permission to receive messages at that number.
All telehealth consultations are conducted via HIPAA-compliant video and messaging platforms. By consenting to telehealth services, you acknowledge the Telehealth Informed Consent, which describes the risks, benefits, and alternatives to telehealth care.
13. Payment, Refunds, and Billing.
Pricing & authorization
All fees for consultations, diagnostic panels, memberships, prescribed medications, and supplements are disclosed to you before purchase. By completing a transaction, you authorize QIM Health and its designated payment processor to charge your selected payment method for the stated amount, including applicable taxes and fees.
Memberships & auto-renewal
QIM Health memberships are billed on an annual basis and renew automatically at the end of each billing cycle unless cancelled. You will receive advance notice of renewal. To cancel, log in to your account settings or contact support@qimhealth.com before your renewal date. Cancellation prevents future charges but does not entitle you to a refund for the current billing cycle.
Refund policy
Telehealth consultations cancelled at least 24 hours in advanceare eligible for a full credit or refund. Consultations cancelled with less than 24 hours’ notice, or missed without prior cancellation, may be charged the full session fee. Diagnostic lab orders are non-refundable once transmitted to Quest Diagnostics. Dispensed medications, supplements, and compounded products are non-refundable once shipped. Membership fees are non-refundable for the current billing cycle.
Failed payments
If a payment fails, QIM Health may suspend access to the Services until the outstanding balance is resolved. You are responsible for maintaining a valid, current payment method on file. QIM Health is not liable for any interruption to your care resulting from a failed or declined payment.
14. Ownership of Intellectual Property.
The Services, including all Content, software, design, trademarks, logos, trade dress, and proprietary technology, are owned by QIM Health or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership interest in QIM Health’s intellectual property to you.
The limited license granted in Section 6 is your only right to use the Services. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any Content from the Services without our prior written consent.
Any feedback, suggestions, or ideas you submit to QIM Health may be used by us without restriction or compensation to you. By submitting feedback, you grant QIM Health a perpetual, irrevocable, royalty-free, worldwide license to use such feedback for any purpose.
15. Restrictions and Prohibited Conduct.
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
- Impersonate any person or entity, or misrepresent your identity, credentials, or health information;
- Upload, transmit, or distribute any viruses, malware, or other harmful code;
- Attempt to gain unauthorized access to any part of the Services, other user accounts, or QIM Health’s systems or networks;
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of any software component of the Services;
- Scrape, crawl, spider, or use automated means to access, collect, or index data from the Services without our express written consent;
- Interfere with, disrupt, or damage the integrity or performance of the Services or the data contained therein;
- Use the Services to harass, threaten, defame, or harm any individual;
- Resell, sublicense, or commercially exploit access to the Services;
- Use the Services to solicit or collect PHI or personal information of other users for unauthorized purposes;
- Circumvent, disable, or interfere with any security or access control features of the Services.
Violation of these restrictions may result in immediate termination of your account and access to the Services, and may expose you to civil or criminal liability.
16. Representations, Warranties, and Disclaimers.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR COURSE OF PERFORMANCE.
QIM Health does not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) results obtained through the Services will be accurate, complete, or reliable; (c) any errors in the Services will be corrected; or (d) the Services will meet your specific requirements or expectations.
QIM Health does not guarantee any specific health outcome, biomarker improvement, symptom resolution, or therapeutic response. Medical recommendations made by treating Physicians reflect their independent clinical judgment and do not constitute guarantees of results. Individual outcomes depend on factors outside QIM Health’s control, including patient adherence, underlying health conditions, and individual physiology.
Nothing in this Section limits any warranty that cannot be disclaimed under applicable law.
17. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QIM HEALTH, ITS PARENT COMPANY, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF QIM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL QIM HEALTH’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO QIM HEALTH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by QIM Health’s gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.
18. Indemnification.
You agree to indemnify, defend, and hold harmless QIM Health and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of or access to the Services;
- Your violation of any provision of these Terms;
- Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights;
- Any false, inaccurate, or misleading information you provide to QIM Health or your Physician;
- Any claim by a third party arising from your use of the Services.
QIM Health reserves the right to assume exclusive control of any matter subject to indemnification at your expense. You agree not to settle any such matter without QIM Health’s prior written consent.
19. Dispute Resolution & Binding Arbitration.
Informal resolution
Before initiating any formal dispute resolution, you agree to contact QIM Health at support@qimhealth.com and describe your dispute in reasonable detail. The parties will attempt to resolve the dispute informally within 60 daysof QIM Health’s receipt of your notice. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.
Binding arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services(including questions of arbitrability) shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class-action waiver
YOU AND QIM HEALTH EACH AGREE THAT ALL DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims from multiple individuals and may not preside over any class or representative proceeding. If this class-action waiver is found to be unenforceable, the parties agree that the dispute shall be resolved in a court of competent jurisdiction rather than in arbitration.
Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within that court’s jurisdiction; (b) seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or misappropriation of confidential information; or (c) bring claims related to the enforcement of an arbitration award in any court. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@qimhealth.comwith the subject line “Arbitration Opt-Out” and your full name and account email address.
20. Governing Law.
These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-law principles. For any claim not subject to arbitration under Section 19, each party consents to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan.
21. Termination.
Termination by you
You may terminate your account and discontinue use of the Services at any time by contacting us at support@qimhealth.com. Termination of your account does not entitle you to a refund of any prepaid fees, except as expressly provided in Section 13. Upon termination, your license to use the Services ends immediately.
Termination by QIM Health
QIM Health may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice, including for: (a) violation of these Terms; (b) failure to pay fees when due; (c) conduct that QIM Health reasonably believes poses a risk to other users, Physicians, or QIM Health; (d) legal or regulatory requirements; or (e) discontinuation of the Services.
Effect of termination
Upon termination for any reason: (a) your license to use the Services is immediately revoked; (b) you must cease all use of the Services; (c) QIM Health may delete your account and associated data in accordance with our data retention policies and applicable law; and (d) any provisions of these Terms that by their nature should survive termination shall survive, including Sections 14, 16, 17, 18, 19, and 20.
Termination of your account does not affect your rights to access your medical records, which are governed by HIPAA and our Privacy Policy.
22. Changes to These Terms.
QIM Health reserves the right to modify these Terms at any time. We will notify you of material changes by: (a) sending an email to the address associated with your account; (b) posting a notice within the Services; or (c) updating the “Last Updated” date at the top of this page. We will provide at least 30 days’ advance notice before material changes take effect.
Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services before the effective date and may terminate your account as described in Section 21.
23. Contact Information.
Email: support@qimhealth.com
Phone: (586) 301-7434
Website: www.qimhealth.com