Terms and Conditions
Last Updated on April 19, 2018
Use of the HeyDoctor Application and Website
Representations and Warranties of Users
You represent and warrant to HeyDoctor that:
- All information you provide to HeyDoctor is true, accurate, current, and complete. You agree to maintain and promptly update such information to keep it true, accurate, current, and complete as long as you are using the Website or App. If we have reasonable grounds to suspect that such information is not true, accurate, current, or complete, we may deny or terminate your access to the Website or App (or any portion thereof) in our sole discretion, subject to compliance with any notice or waiting period provided by applicable law.
- You understand that the Services made available through the Website and App are provided by U.S. licensed medical providers, and that HeyDoctor is not itself a healthcare provider.
- You understand that HeyDoctor may not be a substitute for the in-person treatment or advice of your primary care physician or any other qualified health care professional.
- You understand that you should never delay seeking advice from your in-person healthcare provider due to any diagnosis, advice, or other information provided (or the omission of any such information) by HeyDoctor, the Website or App, or a healthcare provider through HeyDoctor.
Rights, Obligations, and Conduct of Users
Subject to the Terms and Conditions, we hereby grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Website and App as permitted by the features of the Website and App solely for your personal, non-commercial use, and only as permitted under these Terms and Conditions.
HeyDoctor reserves all rights in the Website and App, any intellectual property contained in the Website or App, and the Marks as defined below. We reserve the right to, in our sole discretion and subject to applicable law, deny use of the Website or App to anyone, for any reason, and at any time. In consideration of your access to and use of the Website and App, you covenant and agree that you shall:
- IN THE EVENT OF AN EMERGENCY, SEEK IMMEDIATE IN-PERSON MEDICAL ATTENTION OR CALL 911;
- Continue to consult with your in-person healthcare providers;
- Notify HeyDoctor immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content you provided to HeyDoctor through the Website or App, and to comply with any corrective action taken by HeyDoctor;
- Refrain from the use of offensive or abusive language when using the Website or App;
- Not share your HeyDoctor account ('Account') or any information related thereto, including your password, with any other persons;
- Affirmatively take steps to maintain the confidentiality of your Account and all activities that occur under your Account, including any use by others who may obtain access to your Account;
- Immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security;
- Not use the Account of any other HeyDoctor user at any time; AND
- Be responsible for any act or omission of any users that access your Account that would be a violation of these Terms and Conditions because any such act or omission shall be deemed a violation of these Terms and Conditions by you.
Further you covenant and agree that you will and shall not attempt to:
- Infringe the patent, trademark, trade secret, copyright, intellectual property, or any other rights of HeyDoctor and its employees, agents, directors, members, managers, shareholders, officers, representatives, assigns, parents, principals, predecessors, and successors, and Brendan Levy, Medical Doctor, a Professional Corporation ('Provider');
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or App;
- Reverse engineer, disassemble, decompile, or translate any components of the Website or App, attempt to derive the source code of any components of the Website or App, or authorize or assist any third party to do any of the foregoing;
- Modify, copy or make derivative works based on any part of the Website or App or any underlying software, technology or other information, including any printed materials of the same;
- Attempt to use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Website or App or otherwise monitor or copy any portion of the Website or App;
- Systematically, and without express written authorization from HeyDoctor, collect or use any content from the Website or App, including through the use of any data mining, or similar data gathering and extraction methods;
- In any manner attempt to disrupt or interfere with the operation of the Website or App, or the hardware or network used to operate the Website or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or App;
- Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication via the Website or App;
- Upload or otherwise spread to the Website or App any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
- Attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Website or App;
- Use any high volume, automated, or electronic means to access the Website or App (including, without limitation, robots, spiders or scripts);
- Create Internet 'links' to or from the Website, or 'frame' or 'mirror' any HeyDoctor content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages;
- Disrupt, interfere with, or inhibit any other person from using the Website or App or other affiliated or linked websites, material, contents, or services;
- Use the Website or App to create or use a false identity;
- Prepare, compile, use, download or otherwise copy any user information and/or usage information or any portion thereof from HeyDoctor, the Website, or the App, or transmit, provide or otherwise distribute (whether or not for a fee) the same to any third party;
- Distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under these Terms and Conditions or otherwise use the Website or the App for the benefit of a third party or to operate a service bureau;
- Use the Website or App to violate any local, state, national or international law, rule or regulation;
- Use the Website or App in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful, or abusive;
- Use the Website or App to collect or store personal data about other users, to impersonate any to person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Use the Website or App in any manner that exceeds the scope and purpose of use granted above; or
- Use the Website or App if you are a persons under the age of 18.
Note on Minors
Persons under thirteen (13) years of age are not eligible to use the features, Services, and any other aspect of the Website or App. Further, persons between the ages of thirteen (13) and eighteen (18) may not use the Website or App unless HeyDoctor has authorization from the parent or legal guardian of such individual. A parent or legal guardian of a person under the age of eighteen (18) may prohibit such individual's use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe your child has used the Website or App without your consent or authorization, please contact us at firstname.lastname@example.org.
Use of the App With a Modified Operating System
The App is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the App on a mobile phone with a modified operating system (sometimes known as a 'jailbreak') may undermine security features that are intended to secure protected health information that individually identifies you ('PHI') from unauthorized or unintended disclosure. You may compromise your PHI if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms and Conditions.
App and Website Content
Other than the personalized content we send you in a message within the App or Website or the personalized advice we give you during a telephone call or video visit, you should not consider content on the App or Website to be medical advice.
The App and Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by HeyDoctor and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the App or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website except as generally and ordinarily permitted through the App or Website according to these Terms and Conditions. You must not access or use for any commercial purposes any part of the App or Website.
Certain names, logos, and other materials displayed on the App or Website may constitute trademarks, trade names, service marks or logos ('Marks') of HeyDoctor or other entities. You are not authorized to use any such Marks without the express written permission of HeyDoctor. Ownership of all such Marks and the goodwill associated therewith remains with HeyDoctor.
HeyDoctor may suspend or terminate your use of the App or Website for any reason at any time. Subject to applicable law, HeyDoctor reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the App or Website pursuant to its internal record retention and/or content destruction policies. After such termination, HeyDoctor will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or are required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.
Right to Modify
We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. Continued use of the App or Website following any such changes will indicate your acknowledgment of those changes and your agreement to be bound by the revised Terms and Conditions, inclusive of such changes.
Disclaimer of Warranties
USE OF THE WEBSITE, APP, AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. HEYDOCTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. HEYDOCTOR MAKES NO WARRANTY THAT THE WEBSITE OR APP WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HEYDOCTOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR APP, OR THAT DEFECTS IN THE WEBSITE OR APP WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE OR APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEYDOCTOR OR THE WEBSITE OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
HEYDOCTOR DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE OR APP ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. HEYDOCTOR IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. HEYDOCTOR MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR APP IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE STATE WHERE WE OPERATE. HEYDOCTOR MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL HEYDOCTOR BE HELD LIABLE FOR ANY DAMAGES TO ANY PERSON OR ENTITY RESULTING FROM OR ARISING OUT OF THE USE OF YOUR ACCOUNT, THE WEBSITE, OR THE APP.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HEYDOCTOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, APP, SERVICES, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND APP. THE AGGREGATE LIABILITY OF HEYDOCTOR TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE, APP, OR SERVICES IS LIMITED TO THE LESSER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HEYDOCTOR OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
You agree to indemnify, defend, and hold harmless HeyDoctor, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
These Terms and Conditions and your use of the Website or App shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Conditions will be resolved exclusively by final and binding arbitration in San Francisco, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms and Conditions.
You understand that by checking the 'I Agree' box for these Terms and Conditions, the Consent to Telemedicine, and the Notice of Privacy Practices, when they are presented to you on the App or Website you are agreeing to these Terms and Conditions and the Consent to Telemedicine, and Notice of Privacy Practices, and that such action constitutes a legal signature. No waiver by HeyDoctor of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HeyDoctor to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited by the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.