Last updated: August 15, 2025
These Terms of Service ("Terms") govern your access to and use of SMS-based health-related communication. "FRQ," "we," "our," and "us" mean FRQ Pharmacy Group INC (including FRQ Technologies/FRQ Tech/FRQ AI/FRQ Health). These Terms and this Privacy Policy explain how our text messaging program works for patients, what you consent to, and how we protect your information.
Our SMS program supports your care with reminders, check-ins, messages, and education. It supplements your regular medical care; it does not replace in-person care, professional judgment, or clinical decision-making. We do not guarantee improved outcomes, and any automated suggestions should be reviewed with a clinician.
You must be 18+ (or have legal authority for a minor/dependent) and receive care from a clinic or pharmacy that uses FRQ.
Initial outreach without PHI: Your clinic may ask us to contact you by text to invite you to this service. We may send limited, non-PHI enrollment messages and brief reminders to obtain your decision. We will not include protected health information (PHI) by SMS until you opt in.
Example consent text:
"Hi Jane, this is the Family Health clinic. We are reaching out to discuss your health over SMS. We first need your consent to meet HIPAA compliance requirements. Standard SMS is not encrypted. You can view more details and the scope of this service here: https://www.frqtech.ai/terms-of-service. Please reply YES to consent or NO to decline."
What YES means: By replying YES, you authorize FRQ and your clinic to send automated or manual SMS to your number for care-related purposes. Message frequency varies. Standard message/data rates may apply. Reply STOP to opt out, HELP for help. You may also withdraw consent by contacting us.
What NO or no-reply means: If you reply NO (or do not reply), we will not send PHI by SMS.
Non-emergencies only: Do not use SMS for urgent or life-threatening issues. Call 911 or go to the nearest emergency department.
Delivery/filters: Message delivery depends on carriers and networks. Carriers may filter messages that don't follow messaging principles; FRQ isn't liable for delays or non-delivery.
Standard SMS is not encrypted. Anyone with access to your phone could see texts. Use a passcode/biometric lock and be mindful of where you store/view messages.
Do not use the service to send unlawful, threatening, harassing, defamatory, obscene, hateful, or discriminatory content; to transmit spam, malware, or unauthorized advertising; to impersonate others or misrepresent your identity; to share PHI about another person without authorization; or to seek emergency care (use 911 instead).
FRQ does not charge you for SMS participation. Your carrier may charge standard rates.
No warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, FRQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR ANY PARTICULAR HEALTH OUTCOME.
Liability cap and exclusions: TO THE FULLEST EXTENT PERMITTED BY LAW, FRQ AND ITS AFFILIATES WILL NOT BE LIABLE FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; OR (C) DELAYS, FAILURES, OR NON-DELIVERY OF MESSAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, FRQ'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (1) $100 OR (2) THE AMOUNTS YOU PAID TO FRQ FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (MOST PATIENTS PAY $0). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITIES THAT CANNOT BE LIMITED BY LAW.
We may modify or end the program or these Terms. If changes are material, we'll notify you (e.g., by SMS) and obtain new consent if required. You may leave the program any time by replying STOP.
For consistency with FRQ's platform terms, these Terms are governed by Massachusetts law (without regard to its conflict-of-laws principles), and disputes are resolved in Massachusetts courts (subject to any rights you may have under state consumer law).
You agree to indemnify, defend, and hold harmless FRQ and its affiliates, officers, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the service; (b) your violation of these Terms; or (c) content you send to us via SMS. This section does not require you to indemnify FRQ for FRQ's own gross negligence, willful misconduct, or violation of law.
We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, labor disputes, utility or telecommunications failures, carrier filtering, denial-of-service attacks, pandemics, or governmental actions.
Contact info: Your name and mobile number to communicate by SMS.
Care information you share with us: Medication-related information, care coordination, and any health details you or your doctor choose to provide.
Patient Communication Data: SMS content, timestamps, delivery status, and opt-in/opt-out records for compliance and support.
Provide, support, secure, and improve the service; generate aggregated/de-identified analytics; comply with health laws (e.g., HIPAA/HITECH).
We use trusted service providers to host and deliver services—for example, Microsoft Azure (hosting). They are contractually required to process data only to provide services to FRQ and comply with applicable law/BAA.
We implement administrative, technical, and physical safeguards consistent with industry standards, including encryption in transit/at rest, access controls, and HIPAA-configured hosting—recognizing the inherent risks of unencrypted SMS on patient devices.
We keep SMS records and consent logs as long as needed to operate the program and as required by law; de-identified/aggregated information may be retained longer for analytics.
Opt-out: Reply STOP at any time to stop SMS.
Access, correction, export, deletion: Contact us to request access to your data, request correction, request an export, or request deletion (subject to legal/clinical retention requirements).
Non-marketing: We do not sell your personal information or use your SMS consent for marketing.
We log your YES/STOP/HELP and related messages to demonstrate consent and honor opt-out.
Not directed to children under 13. If we learn a child's information was collected without appropriate authorization, we will delete it.
If we make material changes, we will notify you before they take effect.
Questions or requests: contact@frqtech.ai (or your clinic's usual contact).