Terms & Conditions

These Terms constitute a legally binding agreement between you and Filled.

Filled operates a technology marketplace designed to enable pharmacies and pharmacists to discover, communicate with, and connect with one another regarding potential work opportunities.

Filled is a marketplace and technology provider only. Filled is not a staffing agency and does not employ, engage, supply, place, assign, or contract with pharmacists to perform pharmacy services.

Filled may modify these Terms from time to time. Updated Terms will become effective when posted through the Platform or otherwise communicated to Users, subject to applicable law. Your continued use of Filled following the effective date of updated Terms constitutes acceptance of the revised Terms.

Our collection and use of personal information are governed separately by our Privacy Policy.

2.1 Marketplace Only

Filled provides an online marketplace through which independent pharmacies, pharmacy businesses, and other eligible pharmacy employers (“Pharmacies”) may connect with licensed pharmacists (“Pharmacists”) regarding potential work opportunities.

Pharmacies may use the Platform to create profiles, post or identify available work opportunities, review Pharmacist profiles, communicate with Pharmacists, and make connections.

Pharmacists may use the Platform to create profiles, identify potential work opportunities, review Pharmacy profiles, communicate with Pharmacies, and make connections.

Filled provides the technology that facilitates these connections.

2.2 Filled Is Not an Employer or Staffing Agency

Filled is not an employer, joint employer, staffing agency, temporary employment agency, professional employer organization, employment agency, or representative of any Pharmacy or Pharmacist.

Filled does not employ Pharmacists.

Pharmacists are not employees, independent contractors, 1099 contractors, agents, representatives, or workers of Filled by virtue of creating an account, using the Platform, connecting with a Pharmacy, or performing work for a Pharmacy.

Filled does not hire, fire, supervise, direct, control, discipline, evaluate, schedule, assign, or manage Pharmacists in connection with services performed for Pharmacies.

Filled does not determine the manner or means by which a Pharmacist performs professional services for a Pharmacy.

Nothing in these Terms or the use of the Platform creates an employment, independent contractor, agency, partnership, joint venture, franchise, fiduciary, or similar relationship between Filled and any User.

2.3 Relationship Between Pharmacies and Pharmacists

Any employment, temporary employment, contractual, or other working relationship established between a Pharmacy and Pharmacist is solely between those parties.

The Pharmacy and Pharmacist are independently responsible for determining the nature and terms of their relationship in accordance with applicable law.

Filled is not a party to any employment agreement, engagement, arrangement, or other agreement between a Pharmacy and Pharmacist.

The parties are solely responsible for determining and agreeing upon matters including, as applicable:

• compensation or hourly wages;
• work hours and schedules;
• job duties;
• workplace policies;
• payroll;
• employee classification;
• tax withholding and reporting;
• overtime;
• meal and rest periods;
• workers’ compensation;
• unemployment insurance;
• disability or other required insurance;
• benefits;
• workplace safety;
• supervision;
• professional responsibilities; and
• compliance with federal, state, and local employment laws.

Nothing displayed through Filled regarding a shift, schedule, compensation amount, Pharmacy, Pharmacist, or other opportunity constitutes an employment offer by Filled.

2.4 No Guarantee of Employment or Coverage

Filled does not guarantee that:

• a Pharmacist will obtain any particular employment opportunity or amount of work;
• a Pharmacy will find a Pharmacist for any particular shift;
• a connection or match will result in employment;
• a Pharmacist will accept or complete a shift;
• a Pharmacy will maintain or honor a work opportunity;
• either party will comply with an agreement made with the other;
• information supplied by another User will be complete or accurate; or
• any User will perform to another User’s expectations.

A match, connection, message, acceptance, or other interaction through Filled represents only activity occurring through the Platform and does not constitute an employment guarantee by Filled.

3.1 Pharmacy Responsibility for Verification

Each Pharmacy is solely responsible for independently verifying the identity, qualifications, credentials, professional license, registration status, and legal eligibility of every Pharmacist before permitting that Pharmacist to perform any work.

This responsibility remains with the Pharmacy regardless of any information displayed through Filled.

A Pharmacy must perform whatever credentialing, background verification, exclusion screening, employment eligibility verification, or other due diligence is required by applicable law, regulation, its own policies, insurers, contracts, or professional standards.

3.2 License Information Displayed by Filled

Filled may allow Pharmacists to submit professional license information and may, at its discretion, display information concerning a Pharmacist’s license or verification status.

Any verification, badge, status, notation, or other information displayed by Filled is provided as a convenience and does not replace the Pharmacy’s independent obligation to verify a Pharmacist’s credentials before employment or work begins.

Filled does not warrant that license or credential information obtained from a User, governmental database, third-party provider, or other source is complete, current, error-free, or sufficient for employment purposes.

3.3 Pharmacist Responsibilities

Pharmacists are solely responsible for:

• maintaining all licenses, registrations, certifications, continuing education, and other qualifications necessary to practice;
• ensuring they are legally authorized to perform any work they accept;
• providing truthful and accurate professional information;
• immediately updating information that becomes inaccurate or outdated; and
• complying with all professional, ethical, legal, and regulatory requirements applicable to their practice.

A Pharmacist must not use Filled to seek or perform work requiring a license, registration, certification, or authorization the Pharmacist does not possess.

Filled does not provide pharmacy services, healthcare services, medical services, or professional advice.

Filled does not direct, supervise, or control the professional judgment of Pharmacists.

Filled assumes no responsibility for prescriptions, dispensing decisions, counseling, medication errors, controlled substances, pharmacy operations, patient care, regulatory compliance, professional negligence, malpractice, workplace conditions, or any other professional services performed by a Pharmacist for a Pharmacy.

Pharmacies and Pharmacists remain individually responsible for complying with applicable federal, state, and local laws and regulations and applicable Board of Pharmacy requirements.

5.1 Eligibility

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to create an Account.

Pharmacist accounts may be limited to individuals who possess or are seeking verification of appropriate professional credentials.

Pharmacy accounts may be limited to authorized owners, employees, representatives, or agents of eligible pharmacy businesses.

5.2 Accurate Information

You agree to provide accurate, current, and complete information when creating and maintaining your Account.

You may not impersonate another person or business, create an Account using false information, misrepresent professional credentials, or falsely represent your authority to act for a Pharmacy.

5.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for activities occurring through your Account.

You must promptly notify Filled if you reasonably believe your Account has been accessed without authorization.

Filled will not be responsible for losses resulting from your failure to reasonably secure your Account credentials.

5.4 Account Suspension and Termination

Filled may restrict, suspend, or terminate access to the Platform if we reasonably determine that a User:

• violated these Terms;
• supplied fraudulent or materially inaccurate information;
• misrepresented professional credentials;
• engaged in threatening, abusive, discriminatory, fraudulent, illegal, or unsafe conduct;
• compromised Platform security;
• created a material safety or regulatory risk;
• misused another User’s information; or
• otherwise used the Platform in a manner inconsistent with its intended purpose.

Filled’s decision to suspend or terminate an Account does not constitute a determination regarding a User’s employment status, professional competence, liability, or legal rights.

Users may communicate with one another through functionality provided by Filled.

Filled is designed to facilitate direct connections between Pharmacies and Pharmacists. Once connected, Pharmacies and Pharmacists may communicate and establish their working relationship directly.

Filled is not responsible for communications, agreements, promises, representations, offers, negotiations, disputes, or other interactions between Users, whether those interactions occur through Filled or outside the Platform.

Users are responsible for exercising appropriate professional judgment and due diligence when communicating, meeting, or entering into arrangements with other Users.

A shift or work opportunity posted on Filled is information supplied by a User and does not constitute an offer of employment by Filled.

Filled does not independently establish the terms of a work opportunity.

Pharmacies are responsible for accurately describing available opportunities, including applicable dates, times, locations, qualifications, responsibilities, and compensation information.

Pharmacists are responsible for reviewing and agreeing to applicable terms before accepting work.

If a Pharmacy or Pharmacist cancels, changes, fails to attend, arrives late, leaves early, or otherwise fails to honor an arrangement, the matter is between the Pharmacy and Pharmacist.

Filled may maintain Platform rules regarding cancellations, no-shows, repeated misuse, or other conduct and may restrict Accounts that repeatedly interfere with the reliability or safety of the marketplace. Such action does not make Filled responsible for the underlying work arrangement.

8.1 Filled Does Not Process Wages

Filled does not process, hold, transmit, escrow, guarantee, distribute, or otherwise facilitate wages or compensation paid by a Pharmacy to a Pharmacist.

All compensation for work performed by a Pharmacist is arranged and paid directly between the Pharmacy and Pharmacist.

8.2 Pharmacy Payment Responsibilities

The Pharmacy is solely responsible for paying Pharmacists as required by the parties’ agreement and applicable law.

Filled is not responsible for unpaid wages, delayed payments, payroll errors, overtime, deductions, tax withholding, reimbursements, benefits, or any other compensation-related matter.

8.3 Payment Disputes

Any dispute concerning compensation for work performed is solely between the Pharmacy and Pharmacist.

Filled has no obligation to collect unpaid amounts, issue wages, reimburse either party, resolve wage disputes, or guarantee payment.

Nothing in this Section prevents Filled from charging Users separate subscription or other Platform fees for access to or use of Filled.

9.1 Paid Subscriptions

Access to certain features of Filled requires a paid subscription.

Available subscription plans, prices, features, and applicable billing information will be displayed on the Filled subscription page before purchase.

9.2 Monthly Billing

All Filled subscriptions are billed on a monthly basis.

For convenience and comparison purposes, Filled may display the cost of a subscription as a weekly price or weekly equivalent. Any weekly price displayed on the Platform is informational and represents the approximate weekly equivalent of the applicable monthly subscription price.

Displaying a weekly price does not mean that the User will be billed weekly.

The actual monthly amount charged will be clearly indicated on the subscription page before purchase.

By purchasing a subscription, you authorize the applicable payment provider to charge the monthly subscription amount, together with any applicable taxes, to your selected payment method.

9.3 Automatic Renewal

Unless canceled, your Filled subscription will automatically renew each month and your payment method will be charged the applicable monthly subscription price, plus any applicable taxes.

By purchasing a subscription, you authorize recurring monthly charges until the subscription is canceled.

9.4 Cancellation

Users may cancel their Filled subscription at any time.

Cancellation stops future subscription renewals but does not immediately terminate access to paid features.

After cancellation, your paid subscription will remain active through the end of your current paid monthly billing cycle. You may continue using the features included with your subscription until that billing period expires.

At the end of the current billing cycle, your subscription will not renew and access to features requiring a paid subscription will end unless you purchase another subscription.

9.5 No Refunds

ALL FILLED SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW OR THE MANDATORY RULES OF THE APPLICABLE APP STORE OR PAYMENT PROVIDER.

Filled does not provide refunds or credits for:

• partially used billing periods;
• unused subscription time;
• cancellation before the end of a billing cycle;
• failure to use the Platform;
• failure to obtain a match, shift, Pharmacist, or Pharmacy through the Platform;
• dissatisfaction with another User;
• cancellation or nonperformance of a work opportunity by another User; or
• suspension or termination of an Account where permitted under these Terms.

If you cancel before the end of your current monthly billing cycle, you will not receive a prorated refund for the remaining portion of that billing cycle. Your paid access will instead continue until the end of the period for which you have already paid.

Nothing in these Terms limits a refund, cancellation, or consumer right that cannot legally be waived.

9.6 App Store and Third-Party Billing

Subscriptions purchased through the Apple App Store, Google Play, or another third-party platform may also be subject to that platform’s payment, renewal, cancellation, and refund policies.

Where a third-party platform processes a subscription purchase, Users may be required to manage or cancel the subscription through that platform.

Where mandatory third-party platform requirements conflict with these Terms, those requirements will apply to the extent required.

9.7 Changes to Subscription Pricing

Filled may change subscription prices or subscription offerings from time to time.

Recurring price changes will become effective in accordance with applicable law and applicable app-store requirements. Where required, Users will receive appropriate notice before a new recurring price applies.

9.8 Platform Fees Are Separate From Pharmacist Compensation

All subscription fees and other fees charged by Filled are fees for access to or use of the Filled Platform.

Payments made to Filled are not wages, compensation, or payment for pharmacy services.

Filled does not receive, process, hold, distribute, or guarantee compensation owed by a Pharmacy to a Pharmacist for work performed.

Users agree not to use Filled to:

• violate any federal, state, or local law or regulation;
• practice pharmacy without required authorization;
• misrepresent identity, credentials, employment authority, or professional qualifications;
• post false or misleading work opportunities;
• engage in fraud or attempted fraud;
• harass, threaten, intimidate, stalk, abuse, or unlawfully discriminate against another person;
• transmit malicious software or interfere with Platform operations;
• obtain unauthorized access to another Account or Filled’s systems;
• scrape, harvest, or systematically collect information from the Platform without authorization;
• use information obtained through Filled for unlawful purposes;
• impersonate Filled or another User;
• infringe intellectual property or privacy rights;
• compromise patient privacy or improperly disclose protected health information; or
• use the Platform in a manner that creates an unreasonable safety, legal, or security risk.

Filled does not control the workplace in which a Pharmacist performs services.

Pharmacies are responsible for maintaining workplaces that comply with applicable workplace safety, employment, anti-discrimination, anti-harassment, accessibility, and other applicable laws.

Users are responsible for their own conduct toward one another.

To the maximum extent permitted by law, Filled does not assume responsibility for harassment, discrimination, assault, theft, threats, workplace injuries, property damage, interpersonal disputes, unsafe working conditions, or criminal conduct involving Users or third parties.

Nothing in these Terms prevents a User from reporting suspected unlawful conduct to law enforcement, regulatory authorities, professional licensing authorities, or other appropriate governmental agencies.

Filled may suspend or terminate Accounts associated with credible safety concerns or serious misconduct.

Users may submit profile information, photographs, professional information, messages, shift postings, feedback, and other content (“User Content”).

You retain ownership of your User Content.

By submitting User Content to Filled, you grant Filled a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, format, and otherwise use such content as reasonably necessary to operate, secure, improve, and provide the Platform.

You represent that you have the rights necessary to submit your User Content and that your content does not violate applicable law or another person’s rights.

Your use of Filled is subject to the Filled Privacy Policy.

Users must not use information obtained through Filled for unauthorized marketing, harassment, identity theft, fraud, unlawful discrimination, or other unlawful purposes.

Users must independently comply with privacy and confidentiality laws applicable to their professional activities.

Users should not transmit patient information or protected health information through Filled unless Filled expressly provides functionality designed and authorized for that purpose.

Filled may integrate with or provide access to services operated by third parties, including app stores, mapping services, communications providers, analytics services, identity or license verification providers, and payment processors used for Filled subscription fees.

Filled does not control third-party services, and use of those services may be governed by separate terms and privacy policies.

The Filled Platform, including its software, design, branding, logos, trademarks, graphics, interface, text created by Filled, and other proprietary materials, is owned by or licensed to Filled and protected by applicable intellectual property laws.

Except as expressly authorized, Users may not copy, modify, distribute, sell, license, reverse engineer, decompile, reproduce, scrape, or commercially exploit any portion of the Platform.

No license to Filled’s trademarks, logos, branding, or other intellectual property is granted except as expressly stated in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FILLED PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

FILLED DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FILLED DOES NOT WARRANT OR GUARANTEE THE IDENTITY, RELIABILITY, PROFESSIONAL ABILITY, CONDUCT, CREDENTIALS, LICENSURE, EMPLOYMENT ELIGIBILITY, FINANCIAL CONDITION, SAFETY, OR SUITABILITY OF ANY USER.

FILLED DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES.

Users acknowledge that interacting with individuals or businesses initially encountered through an online marketplace involves inherent risks.

Each User is responsible for evaluating another User and determining whether to enter into an employment, business, or professional relationship.

To the extent permitted by law, Users assume the risks associated with their interactions and relationships with other Users, except to the extent caused by Filled’s own conduct for which liability cannot lawfully be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILLED AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILLED SHALL NOT BE LIABLE FOR DAMAGES, CLAIMS, LOSSES, OR DISPUTES ARISING FROM OR RELATING TO:

• interactions between Pharmacies and Pharmacists;
• employment or work relationships between Users;
• wages or other compensation;
• cancellations, no-shows, late arrivals, or early departures;
• professional negligence or malpractice;
• medication or dispensing errors;
• patient care;
• regulatory violations;
• inaccurate User information;
• licensing or credential issues;
• workplace injuries;
• harassment, discrimination, assault, theft, or other User misconduct;
• property damage; or
• agreements entered into between Users.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Filled and its affiliates, officers, directors, employees, agents, successors, and assigns from claims, liabilities, losses, damages, judgments, penalties, fines, costs, and reasonable attorneys’ fees arising from or relating to:

• your use or misuse of Filled;
• your violation of these Terms;
• your violation of applicable law or regulation;
• your User Content;
• your employment or professional relationship with another User;
• your acts or omissions in connection with work obtained through Filled;
• your failure to properly verify credentials or employment eligibility;
• your professional services or pharmacy operations; or
• your violation of another person’s rights.

Filled is not obligated to mediate, arbitrate, adjudicate, collect payment for, or otherwise resolve disputes between Pharmacies and Pharmacists.

Filled may, at its discretion, receive reports concerning User conduct and take action regarding access to the Platform.

Any decision by Filled concerning Platform access does not constitute a legal determination regarding fault, liability, employment rights, professional competence, or entitlement to compensation.

Users remain free to pursue their rights against one another through appropriate legal or regulatory channels.

21.1 Informal Resolution

Before initiating formal proceedings against Filled, you and Filled agree to make a reasonable good-faith effort to resolve the dispute informally, except where applicable law permits otherwise.

Written notice of a dispute should be sent to:

Fifteen Ventures LLC Doing Business As Filled 418 Broadway, STE N Albany, NY 12207 USA

Email: connect@hellofilled.com

The notice should reasonably describe the nature of the claim and requested relief.

21.2 Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court or claims that applicable law prohibits from being subject to mandatory pre-dispute arbitration, you and Filled agree that disputes arising out of or relating to these Terms or your use of Filled will be resolved through final and binding arbitration on an individual basis.

Arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules, unless the parties agree to another arbitration provider.

21.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FILLED AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.

21.4 Exceptions

Nothing in this arbitration provision prevents either party from bringing an eligible individual claim in small claims court.

Nothing in these Terms requires arbitration of a claim where applicable federal or state law gives a person a non-waivable right to pursue that claim in court.

Either party may seek appropriate injunctive or equitable relief concerning misuse or infringement of intellectual property rights where permitted by law.

21.5 Arbitration Authority and Fees

The arbitrator may award any individual remedy available under applicable law.

Arbitration fees and costs shall be allocated according to applicable AAA rules and law.

This arbitration provision survives termination of your Filled Account or these Terms.

Except where otherwise required by applicable law or the arbitration provisions above, these Terms shall be governed by the laws of the State of New York, without regard to conflict-of-law principles.

For disputes not subject to arbitration, the parties consent to jurisdiction and venue in the applicable state or federal courts serving Albany County, New York, unless applicable law requires otherwise.

By creating a Filled Account, you agree that Filled may send you service-related communications, including email, push notifications, and, where appropriate consent has been provided, text messages.

Communications may concern Account activity, matches, messages, shift activity, security, subscriptions, Platform updates, and other matters related to your use of Filled.

Marketing communications will be provided subject to applicable law and your communication preferences.

Message and data rates may apply to SMS communications.

Where applicable, Users may opt out of marketing text messages by following the instructions provided with those messages. Opting out of marketing communications does not necessarily prevent Filled from sending communications necessary to operate or secure an Account.

Filled may modify, suspend, discontinue, or change features of the Platform.

Filled does not guarantee that any particular feature will remain available indefinitely.

Where required by applicable law, Filled will provide appropriate notice concerning material changes affecting paid subscriptions.

You may stop using Filled and may request Account deletion subject to applicable retention requirements.

Canceling a subscription and deleting an Account are separate actions. Cancellation of a subscription does not automatically delete the User’s Account.

Filled may suspend or terminate access as permitted by these Terms.

Provisions that by their nature should survive termination—including intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and obligations arising before termination—will survive.

26.1 No Agency or Partnership

Nothing in these Terms creates an agency, employment, joint-employment, partnership, joint venture, fiduciary, franchise, or similar relationship between Filled and a User.

26.2 Assignment

You may not assign your rights under these Terms without Filled’s prior written consent.

Filled may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, or transfer of the Filled business, subject to applicable law.

26.3 Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

26.4 No Waiver

Filled’s failure to enforce a provision of these Terms does not waive its right to enforce that provision later.

26.5 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies or terms expressly incorporated by reference, constitute the agreement between you and Filled concerning use of the Platform.

Questions concerning these Terms may be directed to:

Filled Operated by Fifteen Ventures LLC 418 Broadway, STE N Albany, NY 12207 USA

Email: connect@hellofilled.com

By using Filled, you acknowledge and agree that:

Filled provides technology that helps Pharmacies and Pharmacists find and connect with one another. Filled does not employ Pharmacists, does not provide Pharmacists to Pharmacies, does not act as a staffing agency, and does not become a party to the employment or working relationship between Users.

Pharmacists using Filled are not employees or independent contractors of Filled and do not receive a Form 1099 from Filled for professional services performed for Pharmacies.

Pharmacies are solely responsible for independently verifying Pharmacists’ licenses, credentials, qualifications, and eligibility before permitting them to work.

Pharmacies and Pharmacists independently establish their working relationship and are responsible for complying with applicable employment, payroll, tax, professional, regulatory, workplace, and other legal obligations.

Compensation for work is arranged and paid directly between the Pharmacy and Pharmacist. Filled does not process, hold, transfer, guarantee, collect, or distribute wages or compensation for work performed.

Filled’s role is to provide the marketplace through which the parties can discover, communicate with, and connect with one another.