Terms & conditions

1. Acceptance of terms

By accessing or using the Plya Med platform at plyamed.com (the "Services"), you agree to these Terms & Conditions and our privacy policy. If you do not agree, do not use the Services.

2. Eligibility

The Services are intended for use by U.S.-based medical practices, healthcare professionals, sales representatives, and authorized administrative staff. You must be at least 18 years old to create an account. By signing up, you represent that the information you provide is accurate and that you are authorized to act on behalf of the organization you register.

3. Account responsibilities

You are responsible for: keeping your login credentials confidential, all activity that occurs under your account, configuring access for users in your organization appropriately, and notifying Plya Med immediately of any unauthorized use of your account.

Plya Med may suspend or terminate accounts that violate these terms, applicable law, or that pose a security risk to the Services or other users.

4. Acceptable use

You agree not to:

• Use the Services for any unlawful purpose or in violation of applicable healthcare regulations (including HIPAA, HITECH, FDA rules, and state medical practice laws)
• Upload, transmit, or store malicious code, viruses, or content that infringes third-party rights
• Reverse engineer, decompile, or attempt to extract source code from the Services
• Resell, sublicense, or distribute the Services without prior written agreement
• Use the Services to send unsolicited or unauthorized commercial communications
• Impersonate any person or misrepresent your affiliation with any organization

5. HIPAA and Business Associate relationship

When you (a covered entity) use Plya Med to handle Protected Health Information (PHI), Plya Med acts as your Business Associate. We will execute a Business Associate Agreement (BAA) with you that governs our handling of PHI in accordance with HIPAA, the HITECH Act, and applicable state privacy laws. The BAA controls in case of conflict with these terms with respect to PHI.

6. Orders and payment

Plya Med facilitates the ordering and fulfillment of medical products (devices, supplies, biologics, peptides) through its platform. Pricing is displayed in U.S. dollars. Plya Med may use third-party payment processors; you authorize Plya Med to charge the payment method you select for orders you place.

Returns, refunds, and shipping policies are subject to the specific product and supplier terms, communicated at the time of order. Controlled substances and prescription items are subject to additional verification and may be restricted by state.

7. SMS communications

By opting in during signup, you consent to receive transactional SMS from Plya Med (order notifications and account security codes) at the mobile number you provide. Frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Full disclosure at plyamed.com/sms-opt-out.

8. Intellectual property

Plya Med, the Plya Med logo, and the Services are owned by Plya Med, Inc. and protected by U.S. and international intellectual property laws. You retain ownership of the content you submit but grant Plya Med a license to host, process, and display that content as necessary to provide the Services.

9. Sales representative agreements

Individuals onboarded as Plya Med sales representatives are independent contractors, not employees. The relationship between Plya Med and each rep is governed by the Sales Representative Agreement signed during onboarding, which controls in case of conflict with these general terms.

10. Disclaimers

The Services are provided "as is" and "as available." Plya Med disclaims, to the fullest extent permitted by law, all warranties express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

Plya Med does not practice medicine. Clinical decisions are the sole responsibility of licensed healthcare providers. The Services facilitate operations and ordering but do not constitute medical advice.

11. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Plya Med, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Plya Med's total cumulative liability for any claim arising out of these terms or the Services will not exceed the amount paid by you to Plya Med during the twelve months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Plya Med, its affiliates, and its representatives from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the Services in violation of these terms or applicable law.

13. Termination

Either party may terminate this agreement at any time. Plya Med may suspend or terminate access for material breach of these terms. Sections that by their nature survive termination (intellectual property, indemnification, limitation of liability, governing law) will continue to apply.

14. Governing law and dispute resolution

These terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles. Disputes will be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota, and the parties consent to the personal jurisdiction of those courts.

15. Changes

Plya Med may update these terms from time to time. Material changes will be communicated by email or in-app notice at least 30 days before taking effect, except where a shorter notice period is required by law. Continued use of the Services after the effective date constitutes acceptance.

16. Contact

Questions about these terms: legal@plyamed.com. General support: joshua@eloramedical.net.