Description of Services
Behind the Counter™ is a prescription management tool designed for patients to voluntarily input and store their personal prescription information. The Software enables patients to track their medications and provides tools typically exclusive to pharmacists, but it does not replace medical advice or professional care. It is designed for personal record-keeping and is not connected to any pharmacy systems. All information is manually entered by the user, ensuring full control over their medication records. The Licensor does not share user data with healthcare providers or any third parties without explicit user consent.
Not Medical Advice
The Software is not intended to provide health-related or medical advice, support clinical decisions, or replace any professional diagnosis or treatment. Users should consult licensed healthcare professionals for any medical concerns. The Software should not be relied upon for any medical emergencies or treatment decisions.
Privacy and Data Security
Behind the Counter LLC is committed to protecting user privacy and maintaining strong data security practices. While not a HIPAA-covered entity, we voluntarily follow industry best practices, including administrative, physical, and technical safeguards to protect personal health information.
We aim to align with applicable privacy principles drawn from laws such as HIPAA, the CCPA, and others, because user trust matters.
Behind the Counter LLC partners with KDE Technologies, a U.S.-based technology provider, to implement secure cloud infrastructure hosted on Google Cloud. All data is encrypted using AES-256 during transmission and storage, secured via TLS 1.2+ HTTPS protocols, and protected with Google Cloud–managed encryption keys. All data is stored within the United States. Disaster recovery sites are in place to ensure business continuity.
KDE Technologies maintains third-party certifications including ISO/IEC 27001, 27017, 27018, 27701, and SOC 2 and SOC 3.
User data is retained only as long as necessary to deliver services or fulfill applicable legal obligations. Users may request deletion of their profile by contacting customer support.
A soft delete method is used, whereby profiles are marked for deletion but remain recoverable for a defined retention period. After that period, data is permanently and manually removed from our centrally managed systems.
The Software does not sell, share, or disclose personal information to third parties. Users are responsible for maintaining the confidentiality of their account credentials to prevent unauthorized access.
Behind the Counter does not currently respond to Do Not Track (DNT) signals. The Software is not intended for children under 13 and is designed to follow the principles of the Children’s Online Privacy Protection Act (COPPA).
Where applicable, Behind the Counter also aligns with principles found in the FTC Act, HITECH, the CAN-SPAM Act, and supports electronic signatures in accordance with the E- SIGN Act.
User Responsibilities
Users agree to:
The User is solely responsible for any misuse of the Software resulting from unauthorized access to their account. Behind the Counter LLC does not recover, restore, or retrieve data lost due to credential sharing, mishandling, or unauthorized access. Users are strongly advised to take all reasonable precautions to protect their login information and personal data.
License Grant
Behind the Counter LLC grants Users a non-exclusive, non-transferable license to access and use the Software for personal use only. The license also includes access to software updates, patches, and improvements provided by Behind the Counter LLC.
Restrictions and User Conduct
Users agree to:
Data Integrity and Liability Disclaimer
Behind the Counter LLC and its partners will make reasonable efforts to ensure the accuracy, availability, and integrity of the Software. This includes routine server backups conducted nightly to support business continuity. However, uninterrupted access or error-free performance cannot be guaranteed. Users acknowledge that:
Intellectual Property
The Software and all associated materials are proprietary and protected by copyright and trademark laws. Users may not claim ownership of or distribute content from the platform without written authorization.
Termination
Behind the Counter LLC reserves the right to terminate user accounts for violations of this Agreement. Upon termination, Users must cease all access to and use of the Software.
Limitation of Liability
In no event shall Behind the Counter LLC be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Software. Total liability shall not exceed the amount paid, if any, by the User for accessing the Software. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of these limitations may not apply to you.
Indemnification
Users agree to indemnify and hold harmless Behind the Counter LLC, its officers, directors, and affiliates from any claims or damages arising from the misuse of the Software, unauthorized account access, or violation of this Agreement.
Governing Law
This Agreement is governed by the laws of the State of New Jersey. Any disputes shall be resolved in the courts located within the State of New Jersey.
Amendments to the Agreement
Behind the Counter LLC reserves the right to amend this Agreement. Changes will be communicated via email and the platform’s login screen at least 30 days prior to taking effect. Users who do not accept the updated terms may discontinue use of the Software by notifying customer support and requesting account deactivation. Users are encouraged to periodically review the Agreement to stay informed of any changes.
Contact Information
For inquiries or concerns, Users may contact Behind the Counter LLC at:
Severability
If any provision of this Agreement, including the arbitration clause, is found to be unenforceable, the remaining provisions shall remain in full effect and the dispute shall proceed in court in accordance with the governing law section.
Entire Agreement
This Agreement constitutes the entire agreement between the User and Behind the Counter LLC and supersedes any prior understandings regarding the Software.
General Compliance Clause
Behind the Counter LLC will remain in compliance with applicable federal and state regulations as relevant features or partnerships are introduced. This includes any future privacy regulations and data security requirements enacted in the United States.
Service Disruption Notice Clause
While Behind the Counter LLC strives to maintain consistent access, the platform may occasionally experience scheduled maintenance or unplanned service interruptions. When feasible, users will be notified in advance through available communication methods.
Arbitration and Dispute Resolution
Any disputes arising under this Agreement shall be resolved through binding arbitration, conducted in the State of New Jersey, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs unless required otherwise by law.
Class Action Waiver
Users agree to waive the right to participate in any class-action lawsuit related to the use of the platform.
Data Portability Clause
Users have the right to request their data in a structured, commonly used, and machine-readable format. Requests can be made through customer support.
Refund and Payment Terms
Refunds for any fees paid are subject to the refund policy provided during registration and will be processed within 30 days if eligible. Requests can be made by contacting customer support.
Third-Party Services and Integration
The platform may include services provided by third parties, such as payment processors or analytics tools. Currently, payment processing is handled by third-party services (e.g., PayPal), and analytics are supported via third-party platforms (e.g., Google). There are no integrated communication tools.
Behind the Counter LLC is not responsible for the terms, policies, or practices of these third- party providers. Users are encouraged to review the applicable terms of any third-party services they use in connection with the platform.
Security Breach Response Plan
Behind the Counter LLC relies on infrastructure managed by KDE Technologies, which performs its own internal monitoring, incident response procedures, and penetration testing. Additional third-party assessments may be considered as the platform grows.
Account Suspension and Appeals
Users whose accounts have been suspended may contact support to request a review or provide additional context for an appeal.
User Agreement Acknowledgment
Refunds for any fees paid are subject to the refund policy, if any, provided during registration. If a refund policy is introduced or made available in the future, eligible requests will be processed within 30 days. Users may contact customer support with any questions regarding payments or refunds.