Terms of service

16 February, 2024

These Terms of Service (the “Terms of Service”) apply to the use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by one81 PTY Ltd. (“MyMD”), including the http://54.172.14.121 website (the “Site”) and the services available to users through the Site (“Service” and “Services”). “Provider” “You” “Your” and similar terms refer to any user who accesses or uses the Site and/or Services. You invite a Patient (defined below) to use the Services using Your MyMD account. Your compliance with these Terms of Service is a condition to Your use of the Site and/or Services.

In concise and simple language, here is a summary of the terms (only the terms outside of this section are legally controlling and binding):

These are the rules to use this site and its services. Also, be sure to read our Privacy Policy to understand the details of how we use data we may collect about You. If You don’t like or agree to these Terms of Service and or our Privacy Policy, do not use our Site or Services.
We own this website and its related service; do not copy or use our services or content without our permission.
If You use our Site with an account or to provide services to individuals, we call You a “Provider” and the individual a “Patient”. You agree to do so in a legal way and follow all rules and regulations that govern Your practice. myMD.io has no relationship whatsoever with Your Patients.
You are solely responsible for how You use myMD.io that includes how you collect fees from Your Patients.
We are going to email You occasionally, and You’re okay with that.
Don’t attempt to hack the Site. Don’t share Your username and password with anyone. You are part of an overall secure software solution.
We try our best to provide the best experience, but do not guarantee that our services will be available all the time.
Only use myMD.io and our brand the way they’re intended to be used. We reserve the right to terminate or delete Your account for misuse.
You control access to Your account and its data. Sign-in to Your account to delete Your account and data.
As we are not a healthcare provider or legal firm, we cannot provide medical, professional, or legal advice.
We have limited liability if something bad happens when You use the site.
We may occasionally update these terms, so check back in regularly.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. BY ACCEPTING THESE TERMS OR BY ACCESSING THE SITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE INCLUDING THE PRIVACY POLICY REFERENCED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE OR USE THE SERVICES.

As a condition of using the Site or Services, You also agree to the terms of the myMD.io Privacy Policy and its region-specific annexes, as they may be changed from time to time (the “Privacy Policy”) that specify how we collect and handle Your information. Our Privacy Policy, which is incorporated herein by reference, is located at http://54.172.14.121/privacy-policy/. You agree that your use of any Services is subject to the Privacy Policy.

If You are using the Services as a Patient or individual (not a healthcare provider), You agree to the Acceptable Use Policy found at this link http://54.172.14.121/en/aup

Ownership of the Site

All pages within this Site and any material made available by myMD.io for download are the property of one81 PTY Ltd or its licensors or suppliers, as applicable. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by myMD.io.

Providers

To use this Site as a healthcare provider with a registered account (“Provider”), You must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to You as a healthcare provider using the Site. Your relationship with a myMD.io user (defined as an individual who enters Your waiting room and that You communicate with using the Service that may be Your patient or client) (“Patient”) is directly between You and the Patient. The Patient will never have a provider/patient-type relationship with myMD.io. myMD.io does not practice medicine or any other licensed profession and offers no medical or other professional services. As set forth more fully in Sections 10 and 13, Provider is solely responsible for all agreements, consents, notices and other interactions with Patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from Patients and other consumers, and myMD.io shall have no liability whatsoever to Provider concerning any amounts owed by any Patient or other consumers.

Provider agrees not to include any identifiable Patient information whatsoever (name, diagnosis, email, or any other protected health information identifier) in any communication with myMD.io. As stated above and repeated for emphasis: myMD.io has no relationship with any of provider’s Patients.

Independent Professional Judgment

The Provider will use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Services may improve the quality of service that Provider and its personnel offer to Patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s Patients. In this regard, Provider releases myMD.io and waives all potential claims against myMD.io as a result of the Provider’s use of the Site and Services, and the provision of services to Provider’s Patients.

Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such notice or other communications be in writing.

Site Access; Security and Restrictions; Passwords; Accounts

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for Your use or logging onto a server or an account which You are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Service or violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated device, process, or means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

You may not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Violations of system or network security may result in civil or criminal liability. myMD.io will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

While the myMD.io software is a secure solution, You are also a part of its security. It is Your responsibility to: use a strong password and not share it; keep Your computer operating system and browser updated; use anti-virus and firewall software (and whitelist myMD.io); and not use myMD.io in a public place unless You can be assured there are no eavesdroppers. You agree to be fully responsible for all activities occurring under Your user ID.

Each individual Provider is required to have their own account. Use of that account is for that specific individual. You agree to notify us immediately of any unauthorized access to or use of your user ID or account or any other breach of security. We reserve the right to remove users and disable any account(s) that are being used by more than one user. We also may block any user who violates this policy from creating a new account. myMD.io reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing myMD.io to disclose the identity of anyone posting, publishing, or otherwise making available any materials that are believed to violate these Terms of Service. BY CLICKING “ACCEPT” OR ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE TO HOLD MYMD.IO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MYMD.IO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MYMD.IO OR LAW ENFORCEMENT AUTHORITIES.

License and Access; Termination by myMD.io

Subject to Your compliance with these Terms of Service and Your payment of any applicable fees, myMD.io or its content providers grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the myMD.io Services. In the event You have entered into a separate Platform Subscription Agreement or Master Services Agreement with myMD.io (the “Services Agreement”), the terms of the Services Agreement shall also apply to Your use of the Site and the Services. In the event of a conflict between the Services Agreement and these Terms of Service, the terms of the Services Agreement shall prevail.

All rights not expressly granted to You in these Terms of Service are reserved and retained by myMD.io or its licensors, suppliers, publishers, rights holders, or other content providers. The myMD.io Site, or any part of any Service, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by myMD.io. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of myMD.io without express written consent. You may not use any meta tags or any other “hidden text” utilizing myMD.io’s name or trademarks without the express written consent of myMD.io. You may only use the Services as intended for professional services and as permitted by law. myMD.io reserves the right to terminate Your account and revoke any licenses granted by myMD.io if You do not comply with these Terms of Service.

Termination of Account by the Provider

If You desire to terminate Your account, You must log in to Your account and delete Your account under account settings. Unless required by law or if a violation of these Terms of Service, myMD.io will not delete Your account even if it is inactive.

Accuracy and Integrity of Information

Although myMD.io attempts to ensure the integrity and accuracy of the Site and the Content on the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform myMD.io at info@one81.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Links to Other Sites

myMD.io makes no representations whatsoever about any other website that You may access through this Site. myMD.io neither endorses nor accepts any responsibility for any content or use of a third-party website. If You decide to access any of the third-party sites linked at this Site, You do this entirely at Your own risk.

Virtual Waiting Room and Content

The Services include a virtual waiting room (“Virtual Waiting Room”) where Patients wait before beginning a session and where You may post information and links to other sites (“Provider Content”). Just like the waiting room in a physical office, anyone with the proper link can enter Your Virtual Waiting Room and view Provider Content. You are solely responsible for any content posted to the Your Virtual Waiting Room.

Any content You upload to the Site including the Virtual Waiting Room, such as agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images, external website links, or other information must not: (1) be defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contain or transmit a virus or any other harmful components. The Provider is solely responsible for obtaining all necessary agreements and consents and providing all required notices to Patients and others who will view or utilize Provider Content.

By uploading Provider Content and any other information to the Site, You represent and warrant to myMD.io that: (1) You have the legal right to grant permission for use by the Site and myMD.io of Provider Content and other information, and (2) You have the legal right and authorization to upload all Provider Content and other information uploaded by you to the Site or posted by you to a Virtual Waiting Room.

myMD.io does not own any of the Provider Content you upload. You hereby grant to myMD.io a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Provider Content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to myMD.io through the Site (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that myMD.io will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for services, products, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future myMD.io operations or businesses. myMD.io is and shall be under no obligation to respond to any Submission.

myMD.io does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant myMD.io the right to use the name that You submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content You post to the Site or provide to Patients or other consumers – including content posted to Your Virtual Waiting Room. myMD.io and its affiliates take no responsibility and assume no liability for any Provider Content submitted by You or any third party.

You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. To comply with COPPA, myMD.io is not allowed to collect or store information from a minor. Thus, while using the platform you agree to coordinate care only with the Minor’s parent or guardian (e.g. do not invite a Minor directly) and not cause myMD.io to store information directly from the Minor.

You agree to defend, indemnify (to the extent permitted by law) and hold myMD.io harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) arising from or relating to Your use of this Site, Your violation of applicable law, or from any Provider Content or other information You post or allow to be posted to the Site or a Virtual Waiting Room.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If You believe that Your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. myMD.io respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to myMD.io’s designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site
If You are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) containing all of the written information specified below. Please note that this procedure is exclusively for notifying myMD.io that your copyrighted material has been infringed. Please include the following in the Notice:

Identify and describe the copyrighted works that You claim have been infringed upon.
Identify the material or link You claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL of the link shown on the Site where such material may be found.
Provide Your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide Your full legal name and Your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

one81 Legal

First Floor, Kildare Centre, Corner Kildare and Main Street, Newlands, Cape Town, South Africa

Disclaimer of Warranties

myMD.io DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON- INFRINGEMENT. myMD.io DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. myMD.io DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

No Advice or Services

As part of the Services, myMD.io provides a software platform solely for a Provider to communicate with Patients. myMD.io does not provide any medical, legal, or other professional advice. myMD.io makes no representations or warranties whatsoever relating to any medical, professional or legal issues associated with Provider, the Provider’s Patients, or goods or services offered by Provider, including but not limited to any compliance obligations with any country, state or federal authority. The Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Site or Services in determining Provider’s compliance obligations under the law.

Limitation of Liability

myMD.io AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, YOUR USE OF THE SITE OR SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF myMD.io TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS) PROVIDED YOU HAVE A PAID ACCOUNT.

Dispute Resolution.

In the event of any dispute or claim relating to the Site, the Services or these Terms of Service, You agree to the resolution of such dispute in the state or federal courts located in Cape Town, South Africa, and you hereby consent to the jurisdiction of any such court. These Terms of Service shall be governed, interpreted and enforced in accordance with the internal laws of South Africa (excluding its conflicts of laws principles).

YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM OR RELATING TO THESE TERMS OF SERVICE

Revisions; General

These Terms of Service, the Privacy Policy (and related policies) constitute the entire agreement between myMD.io and You pertaining to the subject matter hereof. In its sole discretion, myMD.io may from time-to-time revise and update these Terms of Service by updating this posting. All revisions and updates are effective immediately when we post them, and apply to all access to and use of the Site thereafter. You should, therefore, periodically visit this page to review the current Terms of Service so You are aware of any revisions, as they are binding on You. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site, or by a services agreement between You and myMD.io. Your continued use of the Site following revisions signifies Your acceptance and agreement to such revisions.

myMD.io reserves the right, in its sole discretion, to terminate Your access to all or part of this Site, with or without cause, and with or without notice.

In the event that any provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable, such provisions shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event any unlawful, void, or unenforceable provision shall be deemed to be modified to the extent necessary to (1) render it valid and enforceable and (2) give the fullest effect possible to the original intent of the provision.

Indemnification

You agree to defend, indemnify (to the extent permitted by law) and hold myMD.io harmless from and against all third-party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by myMD.io arising out of the use or operation of the Site and Services due to: a) Your breach of these Terms of Service or a violation of applicable law; b) Your use or access of the Site; c) access by anyone accessing the Site using Your user ID and password; d) personnel of Provider; or e) any Patient or any other third party or person claiming damage by virtue of a familial or financial relationship with such a Patient. To the extent applicable, Provider will obtain myMD.io’s prior written consent to any settlement or judgment in which Provider agrees to or which otherwise provides or implies any finding of fault of myMD.io or any defect in the Site or Services or requires myMD.io to make any payments, bear any obligations or admit any liability unless You obtain myMD.io’s prior written approval. myMD.io will promptly notify Provider in writing of any claim subject to this indemnification, and promptly provide Provider with the information reasonably required for the defense of the same. However, without limiting Your obligations described above in this Section 17, myMD.io reserves the right to appear and defend any actions in which it is named as a party.

1. Ownership Of The Site

All pages within this Site and any material made available by Doxy.me for download are the property of Doxy.me, or its licensors or suppliers, as applicable. The Site is protected by the United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Doxy.me. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Doxy.me without our express written consent. Notwithstanding the foregoing, materials you post in your Virtual Waiting Room are yours alone and you are solely responsible for that content. See Section 4, below for more about your Virtual Waiting Room.

2. Providers

To be a healthcare provider using the Site (“Provider”) you must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to you as a healthcare provider or other professional using the Site. Your relationship with the Doxy.me users (including your patients/clients) is directly between you and the patient. The patient will never have a physician-patient relationship with Doxy.me. Doxy.me does not practice medicine or any other licensed profession and offers no medical or other professional services. As set forth more fully in Section 10, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Doxy.me shall have no liability whatsoever to Provider concerning any amounts owed by any patient or other consumers to Provider.

3. Independent Professional Judgment and Indemnification

The Provider will use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider and its personnel offer to patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider releases Doxy.me and waives all potential claims against Doxy.me as a result of the Provider’s use of the Site and Services, and the provision of services to Provider’s patients. As a result of the complexities and uncertainties inherent in the patient care process, and if applicable and allowed by law, Provider agrees to defend, indemnify and hold Doxy.me harmless from any claim by or on behalf of any patient of Provider or its personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Doxy.me, regardless of the cause if such claim arises for any reason whatsoever, out of the use or operation of the Site and Services. To the extent applicable, Provider will obtain Doxy.me’s prior written consent to any settlement or judgment in which Provider agrees to or which otherwise provides or implies any finding of fault of Doxy.me or any defect in the Site or Services. Doxy.me will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense at Providers expense. Doxy.me reserves the right to appear and defend any actions in which it is named as a party. Provider agrees to pay and reimburse Doxy.me’s costs and expenses (including reasonable attorney’s fees) incurred in connection with such a suit.

4. Virtual Waiting Room

The Services available through the Doxy.me Site includes a virtual waiting room (“Virtual Waiting Room”). Just like the waiting room in a physical office, anyone can enter your Virtual Waiting Room. As such, content posted on your Virtual Waiting Room is available to and can be viewed by anyone who enters. The Site provides you with the ability to post content on and links to other sites through the Virtual Waiting Room. The content which you post on your Virtual Waiting Room and the links to other sites you make available on your Virtual Waiting Room is yours and yours alone. Provided that the content posted is not in violation of Section 1 of these Terms of Use, Doxy.me will not claim any rights or interests in such content. By posting such content or links, you agree to be solely responsible for such content and links and agree to defend, indemnify (if applicable and allowed by law) and hold Doxy.me harmless as provided of in Section 11, below.

5. Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

6. Site Access; Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or violation of applicable law.

If you are under 18 years of age, you may not access the Site or use the Doxy.me Services.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Doxy.me will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion, thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Doxy.me. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activities occurring under your user ID. Your access to the Site may be revoked by Doxy.me at any time with or without cause. You agree to defend, indemnify (if applicable and allowed by law) and hold Doxy.me harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Doxy.me arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

7. License and Access; Termination by Doxy.me

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Doxy.me or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Doxy.me Services. In the event you have entered into a separate Platform Subscription Agreement or Master Services Agreement with Doxy.me (the “Services Agreement”), the terms of the Services Agreement shall also apply to your use of the Site and the Services. In the event of a conflict between the Services Agreement and these Terms of Use, the terms of the Services Agreement shall prevail. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Doxy.me or its licensors, suppliers, publishers, rights holders, or other content providers. No Doxy.me Service, nor any part of any Doxy.me Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by Doxy.me. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Doxy.me without express written consent. You may not use any meta tags or any other “hidden text” utilizing Doxy.me’s name or trademarks without the express written consent of Doxy.me. You may not misuse the Doxy.me Services. You may use the Doxy.me Services only as permitted by law. Your access to the Site and Services and the licenses granted by Doxy.me may be terminated by Doxy.me if you do not comply with these Terms of Use.

8. Termination of Account by the Provider

If you desire to terminate your account, you must log in to your account and delete it under account settings. Doxy.me will not delete your account by virtue of your email alone. If you are in the EU you may also follow the directions on our Privacy Policy to delete data.

9. Accuracy and Integrity of Information

Although Doxy.me attempts to ensure the integrity and accuracy of the Site and the Content on the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Doxy.me so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Doxy.me shall have no responsibility or liability for information or Content posted to the Site from any non-Doxy.me affiliated third party. This includes any information, content or links posted on a provider’s Virtual Waiting Room.

10. Links to Other Sites

Doxy.me makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Doxy.me site, please understand that it is independent of Doxy.me, and that Doxy.me has no control over the content on that website. In addition, a link to a non-Doxy.me website does not mean that Doxy.me endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

11. Provider Agreements and Other Content

If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, (including but not limited to content post on or through links available on your Virtual Waiting Room), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is solely responsible for obtaining all necessary agreements and consents from and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Doxy.me that you have the legal right and authorization to upload all Provider Content at the Site and any Provider Content posted to a Virtual Waiting Room. Except with respect to the Provider, content posted to a Virtual Waiting Room, Provider Content Doxy.me shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Doxy.me desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Doxy.me is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you or anyone else any compensation for any Provider Content; or (3) to respond to any Provider Content. For purposes of clarity, provided that it does not violate Section 1, above, Doxy.me does not claim any interest in or rights to Provider Content posted to a provider’s Virtual Waiting Room. Providers are solely responsible for Provider Content posted to the provider’s Virtual Waiting Room.

Doxy.me does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Doxy.me the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers – including content posted to your Virtual Waiting Room. Doxy.me and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

You agree to defend, indemnify (if applicable and allowed by law) and hold Doxy.me harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Doxy.me arising out of any Provider Content you post or allow to be posted to the Site or a Virtual Waiting Room.

12. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Doxy.me respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Doxy.me’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

3445 Winton Pl Suite 114
Rochester, NY 14623
Attn: Doxy.me Inc.

13. Disclaimer of Warranties

DOXY.ME DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DOXY.ME DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. DOXY.ME DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

14. No Provision of Advice or Services

As part of the Services, Doxy.me provides a platform for a Provider to communicate with consumers, potential consumers, patients, and potential patients. Doxy.me does not provide any medical advice or professional, legal advice, or representations in any way regarding any medical, professional or legal issues associated with Provider, goods or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The Provider should seek its own legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Site or Services in determining Provider’s compliance obligations under the law. The Provider and Doxy.me agree that Doxy.me is not providing any medical advice or legal advice to Provider or any patient, client or, a customer of Provider or to anyone else who may access the Site or use the Services.

15. Limitation of Liability Regarding Use of Site

DOXY.ME AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DOXY.ME TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

16. Dispute Resolution

In the event of any dispute or claim relating to the Site, the Services or these Terms of Use, you agree to the resolution of such dispute in the state or federal courts located in Rochester, New York. These Terms of Use shall be governed, interpreted and enforced in accordance with the internal laws of the State of New York State (excluding its conflicts of laws principles).

17. Revisions; General

These Terms of Use (including the Privacy Policy) constitute the entire agreement between Doxy.me and you pertaining to the subject matter hereof. In its sole discretion, Doxy.me may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Your use of the Site signifies your agreement to such revisions.

Doxy.me reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

18. Refund Policy

Our goal is for you to be successful when using Doxy.me for telemedicine, but we understand that technology doesn’t always cooperate or that other issues can arise, and as a result, we’ve made our Refund Policy as simple as possible.

Please let us know, and we’ll make it right for you.

19. Shared Security Responsibilities

This site is meant to help transmit sensitive data and we’ve done our best to protect that data in our hands. But you are also a part of the solution so: use a strong password; do not share your login credentials; update your software regularly; install and use anti-virus and firewall software (but whitelist Doxy.me!); do not use Doxy.me in a public place and still expect people can’t hear what you are talking about.

20. Individual Accounts and Abuse

We offer a free service as a benefit to the community. When you let other people share your account; delete your account and sign up again to get another 30 free days; have your whole employee base on our Free or Pro plans etc., you are taking advantage of our system. If we think you are doing this, we’ll probably warn you. If you don’t respond or change behavior, we’ll delete your account and prevent you from using our Site and Services again. If you have more than one (1) person, employee, or independent contractor in your organization that has accounts with us, you must be on a Clinic plan.

21. Copyright

Any reproduction or redistribution of part or all of the contents of this site in any form is prohibited. This includes the source code of Doxy.me, all written content, visual representations of graphics, sounds, content, and videos displayed as part of the site.

You may not, except with our written permission, distribute or commercially exploit the content of Doxy.me. You may not transmit it or store it in any other website.