Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the www.jellymed.health website (the "Site") and any services, features, or content offered by LPMD of CA PC ("we", "us", "our"). This includes the use of our secure patient portal powered by Healee, available at https://patients.swellcare.health. By accessing or using the Site or patient portal, you agree to be bound by these Terms and our Privacy Policy and Notice of Privacy Practices. If you do not agree, do not access or use our services.

2. Nature of Services – Telemedicine & Cash-Pay Model

JellyMed provides non-emergency, low-acuity and primary care telemedicine services to individuals physically located in the United States. Services are offered via chat or video-based, asynchronous, or synchronous (live) interactions on a secure, HIPAA-compliant platform hosted by Healee.

Key features of our model:

• 100% cash-pay only (no insurance accepted or processed)
• Deposit required prior to completed services
• No Medicare, Medicaid, or private insurance billing

Services may include:

• Virtual urgent care for low-acuity issues
• Chronic medication refills (non-controlled substances)
• Virtual primary care assessments
• Health screenings and wellness guidance

We operate in compliance with the laws of the U.S. state in which you are located at the time of consultation.

3. No Emergency Medical Services

We are not a substitute for emergency care. If you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency department.

4. Eligibility to use the Site

You may only use the Site and services if:

• You are 18 years or older, or have documented parental/guardian consent
• You are physically located in a U.S. state where our providers are licensed to practice
• You provide truthful, complete, and up-to-date information

We reserve the right to deny services or terminate access if eligibility is not met.

5. Health Information Privacy & HIPAA Compliance

JellyMed complies with all applicable federal and state laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA). We ensure that:

• All Protected Health Information (PHI) is stored and transmitted via encrypted, HIPAA-compliant systems
• Healee, our telehealth platform provider, operates under a signed Business Associate Agreement (BAA)
• Access to your information is role-based and audit-logged
• Our staff and vendors follow strict confidentiality protocols

Please review our Privacy Policy for more details.

6. Patient Portal & Communication

Our patient portal at https://patients.swellcare.health is the secure gateway for all services. Through this interface, patients may:

• Complete digital intake forms
• Engage in chat, phone or video-based consultations
• Receive secure follow-up messages and prescription instructions

Clinical communication may occur asynchronously (not in real-time), and provider response times may vary. Use of the portal does not guarantee acceptance or treatment.

7. Scope of Practice & Clinical Limitations

Our providers are licensed medical professionals. They evaluate each case and determine clinical appropriateness. JellyMed may decline care and issue a refund if:

• The condition is not suitable for remote evaluation
• The request exceeds our clinical scope
• The individual misrepresents their identity, age, location, or intent

We DO NOT prescribe:

• Controlled substances (e.g., opioids, stimulants, benzodiazepines)

A full list of what we do and do not treat is available on our Conditions We Treat page.

8. Payment Terms and Refund Policy

All services must be paid for in advance through our secure Square-powered checkout. Insurance billing or reimbursement is not available.

JellyMed Refund Policy

While most services are non-refundable due to the nature of healthcare delivery, refunds may be issued under specific, limited conditions.

Refunds may be issued for:

• Duplicate or accidental charges
• Services paid for but not rendered
• Billing errors due to human or system oversight

Non-refundable services include:

• Completed consultations
• No-show or late cancellations
• Administrative fees (e.g., record requests)
• Medications once processed or shipped

Medication Refund Policy

Due to pharmacy regulations, medications are non-refundable once shipped or processed. Exceptions apply only if:

• Wrong medication or dosage was dispensed (must be unopened)
• Billing errors or duplicate charges occurred
• The order was cancelled before fulfillment

Photo documentation is required for medication refund requests and must include:

• Medication packaging
• Prescription label
• Description of the error

How to Request a Refund

Requests must be submitted within 7 days of the transaction or medication delivery through the patient portal at https://patients.swellcare.health. Include:

• Full name
• Date of service or prescription
• Reason for request
• Photo evidence (for medication-related issues)
• Proof of payment

Refunds are reviewed within 5–7 business days and, if approved, are issued to your original payment method within 7–10 business days.

Refund Processing Fee

Approved refunds are subject to a $10 processing fee, unless the refund is due to:

• A billing error
• A failure on the part of JellyMed, a provider, or platform vendor

Care Deposit Fee (CDP) Policy

A Care Deposit Fee (CDF) is charged prior to:

• Intake chart review
• Prescription eligibility reassessment
• Treatment plan discussions

Refund tiers for MSF:

• Full refund ($75) if canceled before chart review
• Partial refund ($25) if reviewed in video visit
• Partial refund ($15) if reviewed in chat visit
• No refund: if evaluated by a clinician and chose not to proceed

This ensures our providers are fairly compensated for time spent reviewing your case.

Appeals

If you believe a refund was denied in error, you may appeal by replying to the decision email. Appeals are reviewed by management and decisions are final.

Policy Changes

This policy may be updated at any time to reflect healthcare, pharmacy, or regulatory changes. The most current version will always be published on our website.

9. Account Security & User Responsibility

You are responsible for:

• Keeping your login credentials confidential
• Securing your own device and connection
• Notifying us immediately if you suspect unauthorized access

We are not liable for losses or unauthorized activity resulting from your failure to safeguard your account.

10. Prohibited Conduct

You agree not to:

• Use our Site or portal for any illegal, fraudulent, or misleading purpose
• Provide false information regarding your age, identity, or location
• Attempt to reverse-engineer, disrupt, or probe the platform's security
• Resell, redistribute, or copy any portion of the site or services

Violation may result in immediate termination of access and potential legal action.

11. Limitation of Liability

To the maximum extent permitted by law, JellyMed shall not be liable for:

• Any indirect, incidental, or consequential damages
• Loss of data, revenue, profits, or goodwill
• Platform outages or delays beyond our control

Your sole remedy for dissatisfaction with the Site is to discontinue use.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California. Disputes shall be resolved exclusively by:

• Binding arbitration under the Federal Arbitration Act
• Held in California Courts
• Administered by the American Arbitration Association (AAA)
• On an individual basis only (no class actions permitted)

Each party is responsible for their own legal costs unless otherwise ordered.

13. Modifications to Terms

We reserve the right to amend these Terms at any time. Updates will be posted on this page and indicated by the "Effective Date" above. Continued use of the Site indicates acceptance of the updated Terms.

14. Contact Information

If you have questions or concerns regarding these Terms, please contact us:

JellyMed by SWELL Medical
LPMD of CA PC
6800 Bird Road, Unit 650
Miami, FL 33155
(910) 644-8373
patients@jellymed.health