Terms of use

Date last modified: December 26, 2021

 

What is this document?

These Terms of Use ("Terms" or "TOU") is an agreement between you and Docus, Inc. ("Docus"). It describes the rules you agree to follow when using our mobile applications and website(s) (the "Apps"), including when you view or input content on or into the Apps.

The Docus Privacy Statement and Cookie Policy govern all privacy and data use related to our Apps. These are separate documents, but are incorporated into this TOU, and you should read them.

These Terms of Use apply to your use of Docus as a Medical Expert. Members and patients participating on Docus are subject to different guidelines and terms, referenced below (which can be found here). If you are viewing these Terms of Use for Medical Experts in error and you are a patient or a member, please review and accept the Terms of Use for Users.

 

Definitions

To make this document shorter and clearer, we've included some definitions:

  • "Docus" or the "Apps" means https://www.docus.ai/ and related web sites and Docus's mobile applications (including Docus, Docus for Doctors, and any other Apps we offer). Docus, Inc. is located at 600 N Broad Street, Suite 5 # 337, Middletown DE 19709, US.
  • "Content" means text, graphics, images, and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, or submitted by Medical Experts.
  • "Services" means services provided through the Apps.
  • "Medical Expert" means a medical specialist or professional accepted to participate on or through the Apps.
  • "Virtual Consult" means a consultation between a Medical Expert and a patient, patient’s personal doctor or healthcare provider on the Apps.

 

Introduction

Docus Services.

Docus connects individuals, their personal doctors or healthcare providers with doctors and trusted health information. Docus offers services, available through the same Apps. Docus standard services encompass health information and not healthcare. Docus Services may be used for healthcare via virtual doctor consults.

These Terms of Use are an Agreement.

Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific feature. If there is a conflict between this TOU and terms posted for a specific feature, the latter terms apply to your use of that feature or part.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. SEE ARBITRATION AGREEMENT.

We May Update this Agreement.

These Terms of Use may change on a going-forward basis at any time upon 7 days' notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If you do not agree to all of these Terms of Use, please do not use Docus.

 

Docus Medical Experts

Independence of Docus Medical Experts.

Docus Medical Experts, professionals, and specialists utilizing or featured on Docus are not employees or independent contractor service providers of Docus. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone, and they do not reflect the opinions of Docus. Docus does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Docus or by a licensee of Docus. (Medical Experts on Docus Services are independent contractors of separate professional corporations.)

The inclusion of Medical Experts, professionals, and specialists on Docus or in any professional directory on Docus does not imply Docus’s recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND DOCUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOCUS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT MEDICAL EXPERTS, PROFESSIONALS, AND SPECIALISTS ON DOCUS. The use of Docus by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by Docus Medical Experts on or through Docus are solely the individual, independent opinions and statements of such individuals and do not reflect the opinions of Docus, its affiliates, or any other organizations or institutions to which such Docus Medical Expert or such specialist or professional is affiliated with or provides services through.

 

Your Account and Your Use of Docus

You are responsible for your account. Keep your password and real name private.

Accurate and complete registration information is required to use Docus. You are solely responsible for the security of your passwords and for any use of your account, including any access to personal information in your account. If you suspect unauthorized use of your account, change your password immediately. Allowing any other person or entity to use your identity for posting on or using Docus is not permitted.

We reserve the right to revoke or deactivate your username and password at any time. You may terminate your account and these Terms at any time by selecting to deactivate your account in the settings page or visiting the customer service help center at https://support.docus.ai/.

You must be an adult to use Docus.

You must be at least 18 years old to use Docus.

Your use must be Legal and Appropriate.

Your use of Docus and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to Docus, the Content, or Services. You may not use any automated means (such as a scraper) to access Docus, the Content, or Services. Unauthorized access includes using credentials to access Docus. Any attempt by any individual or entity to solicit login information of any other user or Docus Medical Expert, or to access any such account, is an express and direct violation of these Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

We maintain guidelines and a code of conduct for both Docus Service users and Medical Experts who use Docus. By using our services, including Docus Services, you agree to abide by our Guidelines.

We'll send you notices and information.

For more details about when and how we can communicate with you, please consult our Privacy Statement.

You agree to arbitration.

Most concerns or disputes can be resolved quickly by visiting the customer service help center at https://support.docus.ai/. In the unlikely event that we are unable to resolve a legitimate legal complaint, you agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. By using our Services, you agree to arbitrate any disputes with us under the terms of our Arbitration Agreement.

 

Content and Services

Docus does not guarantee the accuracy of Third Party Content.

Docus has no editorial control over or responsibility for Content provided by third parties. Any opinions, statements, products, services, or other information expressed or made available by third parties (including Medical Experts) or users on Docus are those of such third parties or users. Docus does not have any obligation to monitor such third party Content. We make no representations about the accuracy or reliability of any opinion, statement, or other information provided by any third party, and we do not represent or warrant that your use of the Content displayed or referenced on Docus will not infringe the rights of third parties not owned by or affiliated with Docus.

Docus may not be used for illegal purposes.

The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to Docus, the Content, or Services. You may not use any automated means (such as a scraper) to access Docus, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access Docus. Any attempt by any individual or entity to solicit login information of any other user or Docus Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

Docus does not make recommendations or endorsements.

We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Docus. Reliance on Docus Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by Docus. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

We are not responsible for anything outside of Docus.

The Apps may contain links to other apps, web sites, information, software, data, or other content, online or offline ("External Content and Services"). Such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of Docus, and we are not responsible for such content. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies related or pertaining to External Content and Services.

Docus may communicate with you via email, SMS, text and mobile push notification.

When you install our app on your mobile device, you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Docus and those acting on our behalf may send you text (SMS) messages to the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. If you opt out, you may continue to receive text messages for a short period while Docus processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard messaging, data, and other fees may be charged by your carrier.

Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require you to text a keyword, such as "STOP," "CANCEL," "UNSUBSCRIBE," to the applicable shortcode for the mobile feature, or to change your profile settings inside the Apps).

You agree to notify Docus of any changes to your mobile number and update your account(s) on the Docus Platforms. You also understand and agree that by receiving communications you will be charged by your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.

You agree that we may send you limited personal information by email, SMS, text, and mobile push notification.

When you use action-oriented features on Docus and Docus Services (such as subscribing to a health checklist or participating in a Virtual Consult), you agree that Docus may send you automated content via email, mobile telephone, or other contact information provided by you in your account settings. This content may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Apps are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release Docus from any liability arising from or related to any such interception or unauthorized access.

Mandatory Removal of Content and Services.

If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see Termination.)

 

Use of Your Information

We only use data you share with Docus as set forth in the Docus Privacy Statement, your account settings, and in accordance with applicable law.

We cannot control external communications (including email, SMS, and notifications).

Email, short message services (SMS), text message communications, and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release Docus from any liability arising from or related to any such interception or unauthorized access.

 

Advertising

We Do Not Advertise.

There is no paid advertising on Docus.

 

Property Rights

Docus owns or has rights to the Content and Services.

When you use the Apps, you do so under a license from us. Subject to your complete and ongoing compliance with these Terms, Docus grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of our mobile App obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Content and Services. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, and that you cannot give this license away to someone else. All right, title, and interest in and to the Apps, Services, and the Content, together with all related intellectual property rights are the property of Docus or our affiliates, excluding your rights under applicable law to any information or Content related to Virtual Consults on Docus Services. Rights retained by other parties in the Content are their respective rights. Docus reserves all rights to the Content not granted expressly in these Terms.

You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents, or other intellectual property rights.

Docus and other related marks are registered trademarks of Docus, Inc. Any other trademark, brand, or content on Docus that is not the property of Docus is the property of its respective owner. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights. You may not reproduce, create derivative works of, distribute, publicly display the Content (or any portion of it) without our prior written consent. However, you may use App features to repost Content or portions of Content, including through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features. This re-posting right does not create any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Docus" without our prior written permission.

You agree not to access, attempt to access, or use our data without our permission.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Apps, Services, or Content; (b) make modifications to the Apps, Services, or Content; or (c) interfere with or circumvent any feature of the Apps, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You agree not to access, attempt to access, request access not authorized by the Apps or use any App Content or data without our permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.

Contact us if you believe materials on our Apps infringe your copyright.

If you believe any materials accessible on or from Docus infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.

 

Submissions

You agree to abide by our Submission Guidelines.

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to Docus is governed by the Privacy Statement (the terms of which govern in the event of any inconsistency with this TOU). You agree that submissions will comply with Docus's Guidelines, and if you make any posting to Docus, you agree to Medical Expert Guidelines.

You give us rights in what you submit.

Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any content, business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to Docus, by email or otherwise. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), or other applicable laws, if you make any submissions (by email or otherwise) on, to or through Docus, including but not limited to media (including photographs), data, questions, comments, suggestions, business information, ideas, concepts or inventions (collectively "Submissions"), you make such submission without any restrictions or expectation of compensation, privacy, or confidentiality. You agree that your Submissions may be used by us without restriction for any purpose whatsoever. By making any a Submission, you grant Docus a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Submissions, in whole or in part, in any media formats and through any media channels now known or hereafter developed. This means Docus has the complete right to freely use, create derivative works from and modify, such Submissions in any way, commercial or otherwise (including developing and marketing products or features using such information), and for any purpose whatsoever and without limitation. Docus may sublicense its rights.

By making any a Submission, you further agree to indemnify Docus and its affiliates, directors, officers, Medical Experts, and employees, and to hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your Submissions, or your failure to comply with these Terms.

Docus does not accept unsolicited recruiter or similar submissions. Any candidate submissions by a recruiter or other third party without a valid and signed recruiting agreement in place with Docus prior to such submission will not be subject to any recruiter or similar fees.

 

Docus Medical Experts

About Docus Medical Experts.

Medical Experts on the Apps include respected doctors throughout the United States, Canada and EU countries. Only U.S., Canada, and EU country-licensed doctors may participate as Medical Experts on Docus. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to Docus as a Medical Expert on Docus or participating on Docus Services. Supplemental Terms of Use apply to Medical Experts who participate on Docus.

Termination

All of our members are required to honor this Agreement.

Your permission to use the Apps, Content, and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Apps and the Services and/or Content at any time for any reason or no reason, with or without notice. This suspension or termination may delete information, files, and other previously available Content. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Apps), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

You may terminate your account at any time by visiting the customer service help center at https://support.docus.ai/. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.

Effect of Termination.

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Docus any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, this section, and sections regarding Submissions, ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.

 

Indemnification & Exclusions and Limitations

Exclusion of Warranties.

THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, DOCUS MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, DOCUS MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS, INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. DOCUS AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING DOCUS AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR DOCUS, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APPS, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

Specifically, and without limiting the foregoing, we, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of the App; or (ii) regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with Docus. Any location data accessed via the Apps may be inaccurate or incomplete and any use of such data is at your own risk.

Limitation of Liability of Docus and Third Party Beneficiaries.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER, INCLUDING MEDICAL EXPERTS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING SUBMISSIONS.

To the fullest extent permitted by law, in no event will Docus, its licensors, suppliers, or any third parties mentioned on Docus be liable for any personal injury, including death, attributable to or caused by your use or misuse of Docus or Content (including Medical Expert Content). Any claims arising in connection with your use of the Apps, Services, or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. You expressly agree that Medical Experts are third party beneficiaries under these Terms and may enforce the rights hereunder, including Limitation of Liability rights.

NEITHER WE, DOCUS MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THESE LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT, NEITHER US, THE MEDICAL EXPERTS ON DOCUS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT TO ANY USER FOR ANY CLAIMS (IN AGGREGATE OVER ALL TIME) FOR MORE THAN THE GREATER OF: (I) FEES PAID BY THE USER TO DOCUS OVER THE COURSE OF THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE INCIDENT GIVING TO THE ALLEGED DAMAGES; OR (II) FOR USERS WHO HAVE NOT SO USED PAID DOCUS SERVICES, TO ONE HUNDRED DOLLARS ($100).

Limitations of Liability and Indemnity for Expert Content.

Informational content on the Apps that is created, modified, submitted, or validated by Medical Experts or other healthcare experts (collectively, "Expert Content") is subject to the following additional terms and conditions and agreements by You.

Expert Content is for informational purposes only. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. Docus is not responsible for Expert Content. The authors or posters of Expert Content ("Posters") are solely responsible for such content. No representations, warranties, or guarantees of any kind are made regarding the Expert Content. Under no circumstances shall any party be liable (to you or to any other person) for any damages or harm (of any type or under any legal theory) resulting from or related to the Expert Content. No party shall have any liability for: (a) any loss or injury caused, in whole or in part, by a Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in Expert Content (regardless of cause), or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of any violation of law that occurs by you through your use of Expert Content or this Site and/or anything you do using Expert Content, our Apps and/or the information contained therein.

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Licensed Content

Certain Content may be licensed from third-parties.

The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use, or in the Additional Information section of our Apps (which is incorporated herein by reference).

 

Foreign Languages

Where Docus Content or Services (including these Terms) are translated into languages other than English, all such translations are for the convenience of our users only, and Docus is not responsible or liable in the event of any translation inaccuracy. The English-language version of these Terms shall control and apply In the event of any conflict with content or translation. You understand that Content, including but not limited to questions and answers, may not have the same meaning in translation, and that treatments (including but not limited to medication names) and other information may differ from country to country and in different languages and may not be available in all places. Additionally, you understand and agree that Virtual Consults with Medical Experts may not be available in languages other than English, and you agree not to conduct a consultation in a language in which you are not proficient without the use of a professional translator. If you choose to use a translator in connection with a Virtual Consult, you understand that Docus is not liable for any errors or omissions in translation.

 

General Legal Terms

General Terms.

These Terms, and the other agreements referenced in it (like our Privacy Statement and Cookie Policy), are the entire agreement between you and us relating to the Docus Apps. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of these Terms. These Terms replace any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references these Terms. If there is any conflict between these Terms and a mutually signed written agreement between you and us related to Docus, the signed written agreement will control. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

If we choose not to enforce any provision of these Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision in these Terms is found to be unenforceable, that provision and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by Delaware law, excluding Delaware choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA CLARA COUNTY, CALIFORNIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT ON OUR APPS, OR ANY SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR APPS. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.

The Apps and Services are offered by Docus, Inc. located at 600 N Broad Street, Suite 5 # 337, Middletown DE 19709, US. You may contact us by sending correspondence to that address or by visiting the customer service help center at https://support.docus.ai/.

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

Notice Regarding Apple. This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Docus only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe a third party's intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

CVS and MinuteClinic, LLC and its subsidiaries and managed entities are not affiliated with Docus. The names and symbols of CVS and its affiliates and subsidiaries, including MinuteClinic, LLC are owned by and proprietary to CVS, and have been licensed for use by Docus.

Medical Expert Guidelines

By participating in Docus you agree to abide by the following guidelines.

General Guidelines.

  • Respect. You agree to engage with Medical Experts in a respectful manner and to refrain from inappropriate language and behavior.
  • Appropriate Use. You agree to only use Docus in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful, or abusive.

Guidelines for Posting Content (Including Answers).

  • Informational Answers Only. Only informational answers for educational purposes are allowed. No personal, individualized health answers are permitted.
  • No Obligation to Answer Questions. You have no obligation to answer any submitted question.
  • Only Make Useful Submissions. Make Expert Submissions only when you reasonably believe that they are likely to be useful and helpful to Docus members.
  • Only Agree when you Agree. Agree with Expert Submissions only when you have fully reviewed and actually agree with the content, and do not agree with your own Submissions.
  • Avoid Practicing Medicine. Answers can provide general guidance, context, and illustration and you may refer to general medical conditions, symptoms and treatments, but please do not provide a formal diagnosis or prescribe any specific treatment in your answers. Answers should not provide specific treatment recommendations or give the impression that they are a substitute for a real-life consultation with a doctor. Docus may be used for individualized or diagnostic answers and prescribing medications (where appropriate).
  • Avoid Revealing Private Information. Help us keep the personal information of our members confidential. Please don't refer to members in or on Content in public areas by their real names, even if this information has been disclosed to you.
  • Avoid Offending Others. Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help Docus remain a trusted resource, by avoiding potentially offensive content whenever possible.
  • Avoid Suggesting a Physician-Patient Relationship. Share your professional, clinical expertise though answers that are evidence-based and consistent with accepted standards in the medical community, but refrain from using language that suggests an answer is provided for a single member or a duty of care and a physician-patient relationship.
  • Avoid Commercial Responses. Using answers as a vehicle to promote a product or service is prohibited. You are allowed to link to external websites that are both appropriate and related to your responses, but answers on Docus should be complete and should not be used for primarily promotional purposes. Please do not plagiarize, and cite sources where applicable.
  • Avoid Advertising or Specifically Soliciting Patients. Users on Docus can find your professional contact information through your virtual practice, and can contact you for an appointment. However, please avoid violating medical board rules regarding advertising and patient solicitation.
  • Avoid Disclosing Confidential Material. Be careful not to discuss privileged or confidential details of past or current patients, or accidentally revealing confidential information in an indirect way that could be traced back to specific patients.
  • Avoid Violating Board Rules. Avoid other actions that violate board or other rules that apply to you.
  • Rules Governing Other Submissions. All other information, including suggestions, feedback, ideas, concepts and any other materials you disclose or offer to us on or in connection with Docus or any Content, are governed by the Terms of Use. This means that these submissions are made without any restrictions and without any expectation of confidentiality or compensation. You agree not to assert any property right or moral right of any kind with respect to any such submissions. You agree to our standard terms governing media submissions, except for the prohibition against uploading a facial portrait image of yourself for your profile picture. You agree to your likeness, photograph, name, biographical information and any and all other information appearing on the Apps.

Guidelines Specific to Docus Services and Virtual Consults.

  • Application Only. Participation as a Medical Expert in Docus is subject to a separate application.
  • Additional Contractual Terms. The terms of any related contracts or agreements entered into in connection with providing Docus Services apply to the provision of such services.
  • Care Limitations. You agree to notify a patient or patient’s personal doctor whenever in-person care is recommended, including when a user appears to be repeatedly using or overusing Virtual Consults.
  • Prescriptions and Lab Tests. The Patients may not receive lab orders and may receive prescription recommendations only.
  • Prescriptions and Lab Tests Limitations. The following medication categories cannot be  recommended in Virtual Consults on Docus: DEA category I-IV medications, lifestyle medications (such as weight loss or hair loss medication), and U.S.-state regulated medications.
  • Duration of Treatment. It is up to you to determine the appropriate duration of any treatment, if any, made available through a Virtual Consult.
  • Appearance. You agree to be appropriately and professionally dressed and to be in an environment that is appropriate for the delivery of virtual care.

Fees and Billing Procedures.

Docus will pay to the Docus Medical Expert the consultation fee within five (5) days of the actual medical expert consultation on Docus Apps, in accordance with the pre-approved billing schedule provided by Docus Medical Expert on Docus Apps.

All payments will be paid electronically via credit card, bank wire, ACH transfer, or PayPal. Past due amounts will incur interest at a rate of one and a half percent (1.5%) per month.

Docus will pay to the Docus Medical Expert the consultation fee if all of the following criteria are met:

  1. Docus Medical Expert has accepted a consultation request from Docus Apps within one (1) day of actual notice via email;
  2. Docus Medical Expert has reviewed provided patient information on Docus Apps;
  3. Docus Medical Expert provided opinion in written and verbal form regarding to patient’s diagnosis, additional testing and treatment plan.

Disclaimer.

By rendering his/her opinion, Docus Medical Expert does NOT order testing or treatment and does NOT assume responsibility for patients.

No Consequential Damages. Neither party will be liable to the other party for any

incidental, consequential, indirect, special, punitive or exemplary damages

(including damages for loss of business, loss of profits or the like) arising out of or

relating to this agreement, such party’s performance hereunder, the use or

inability to use any services or work output, or any interruption or disruption of or

by any of the foregoing, even if a party has been advised of the possibility of such

damages and regardless of the cause of action (whether in contract, tort, breach

of warranty or otherwise).

Docus Arbitration Agreement

Summary.

Docus's Terms require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by visiting the customer service help center at https://support.docus.ai. In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us in good faith to resolve any disputes for 30 days after notifying us of such issues before filing arbitration. You understand that any award available under arbitration is subject to the limitations in the Docus TOUs. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DOCUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Agreement.

First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against Docus, you agree to make a good faith effort to try to resolve the dispute informally by contacting dispute-notice@docus.ai and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Docus may bring a formal proceeding.

This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of Use of Docus and the Apps. The effective date of this agreement is December 21, 2021 (the "Effective Date").

General.

If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except as set forth below ("Exceptions") - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Docus. The arbitration shall be held in Delaware or at another mutually agreed location. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

Exceptions.

Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Notice.

A party who intends to seek arbitration must first send to the other, by certified mail, a

written Notice of Dispute ("Notice"). The Notice to Docus should be addressed to:

General Counsel, Docus, 600 N Broad Street, Suite 5 # 337, Middletown DE 19709, US

 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Docus may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Docus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Docus users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

Opt-Out.

If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to the Terms by sending a letter to General Counsel, Docus, Inc., 600 N Broad Street, Suite 5 # 337, Middletown DE 19709, US that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Docus receives your Opt-Out Notice, this Arbitration Agreement will be void and any action arising out of the Terms will be resolved under the governing law and jurisdiction set forth in the Terms. The remaining provisions of the Terms will not be affected by your Opt-Out Notice.

Fees.

The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$5,000 or less, Docus will pay all arbitrator fees associated with the arbitration, so long as: (a) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration; and (b) your claim is not determined by the arbitrator to be frivolous or without merit under Docus's Terms of Use or otherwise ("Frivolous Claims"). In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Docus will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse Docus for all fees associated with the arbitration paid by Docus. Docus's obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the Docus Terms of Use. Bared or limited claims constitute Frivolous Claims.

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS

YOU AND DOCUS AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS". UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DOCUS USERS.

Enforceability.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.

Modifications.

If Docus makes any future change to this Arbitration Agreement, other than a change to Docus's Notice Address, you may reject the change by sending us written notice within 30 days of the change to the Notice Address, in which case your account with Docus will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

CLAIMS ARE TIME-BARRED

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.

 

Additional Terms: Medical Experts

THESE ADDITIONAL TERMS APPLY TO DOCUS MEDICAL EXPERTS ("ADDITIONAL EXPERT TERMS") WHEN USING DOCUS AS A DOCUS MEDICAL EXPERT. IF YOU ARE A DOCUS MEDICAL EXPERT YOU AGREE TO ABIDE BY ALL DOCUS TERMS OF USE AND THAT WHERE AN ADDITIONAL EXPERT TERM CONTRADICTS A MEMBER TERM OF USE, THE ADDITIONAL EXPERT TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR USE OF DOCUS AS A DOCUS MEDICAL EXPERT; IF YOU USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF USE.

Medical Experts: Information.

As a Docus Medical Expert, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your public profile on Docus ("Public Profile"). You consent to Docus's use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to Docus or that is publicly available about you.

Medical Experts: Doctors in Good Standing.

Licensed doctors may apply to and participate as Medical Experts on Docus. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to Docus as a Medical Expert on Docus. Docus may expand the network to include other licensed medical experts.

Medical Experts: You Can Control Your Expert Submissions.

You retain the right to edit and delete your own Expert Submissions that appear in your Public Profile at any time. You also retain the right to use and create derivative works from your own Expert Submissions elsewhere (such as on your own practice website, blog, or in your own social media posts).

Medical Experts: Permission to Post and Use Expert Submissions.

When a Docus Medical Expert submission relates to any Docus feature or function and is made for publication on Docus (such as an answer to a question) (an "Expert Submission"), you grant Docus an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Submissions, including in connection with or on Docus, including in connection with your name. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it on Docus and use it in connection with Docus. You also give us the right to give or transfer all rights granted herein to others. While Expert Submissions generally are posted to Docus, we do not have an obligation to post any particular Expert Submission on Docus and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to an Expert Submission being reported to us), to not post and/or to remove any Expert Submissions at any time.

Medical Experts: Rules when Submitting Expert Content.

So that everyone can enjoy Docus, we have rules for Expert Public Submissions. By submitting content to Docus you agree to follow our Medical Expert Guidelines.

Medical Experts: Docus Services.

You will receive compensation for participating in Docus Services pursuant to the additional terms applicable to those services and related agreements, which are incorporated herein by reference. When you sign up for and deliver care through Docus Services, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with Docus related to those services (including any representations and warranties and terms governing indemnification and obligations).

 

Medical Experts: Conflicts Disclosure Policy.

Disclosure of Relationships with Industry.

You agree to comply with this Conflicts Disclosure Policy ("CDP") when using Docus or making Expert Submissions. This CDP governs the disclosure of financial interests by Docus Medical Experts. Conflicts of interest can be financial and/or personal. As used in this policy, "Industry" means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service.

All Medical Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to Docus when such Content mentions any product or service in which such an interest exists, with the following or similar language: "The author or poster of this content has a financial interest in a product or service mentioned herein."

No Posting Public Content for Pay

Medical Experts may not post public Content on Docus in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Medical Experts should ensure that any conflict or potential conflict of interest does not affect or appear to affect his or her contributions of Content to the Docus. Medical Experts approved for Docus Services may receive compensation for services rendered through Docus Services under the terms governing those services.

No Posting of Content Written by Interested Parties.

Medical Experts may not publish Content under their own names written in whole or material part by: (i) parties with a financial interest in any product or service mentioned in the Content; or (ii) employees of Industry. Accepting compensation for posting Content to public areas and/or posting ghostwriting by interested parties on Docus is prohibited.