Terms of Use for Hospitals

Date last modified: December 26, 2021

 

What is this document?

These Terms of Use ("Terms" or "TOU") is an agreement between “Hospital / Clinic”, hereinafter referred to as “Client” 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 ask questions and when you view or input content on or into the Apps.

These Terms of Use apply to your use of Docus as a licensed clinic/ hospital is desirous of subscribing to the platform, developed by Docus.

Medical Experts participating on Docus are subject to different guidelines and terms found in Medical Expert Terms of Use.

This page outlines the terms and conditions on which we will supply to you the Platform listed on our website www.docus.ai (our site) via one of our Subscription Plans. Please read these terms and conditions carefully before subscribing to one of our Subscription Plans. You should understand that by subscribing, you agree to be bound by these terms and conditions.

You can print a copy of these terms and conditions for future reference.

 

Definitions

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

  • "Docus" or the "Apps" means docus.ai and related websites and Docus's mobile applications (including Docus, Docus for Medical experts, and any other Apps we may offer from time to time). "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 for providing second opinion and expert advice. 

  • “Practitioner” means a Registered Medical Practitioner (RMP) as per the provisions of the National Medical Commission Act, 2019 or a health care provider (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the platform, including designated and authorized associates of such practitioners or institutions. 

  • "Virtual Consult" means a consultation between a Medical Expert and a Practitioner on the Apps.

 

Introduction

Declarations and undertaking 

Docus is the owner of the APPs and has the exclusive right to license it for further usage and warrants that the Apps are developed and maintained in compliance with the applicable laws as amended, modified or substituted from time to time.

Docus represents and warrants that it has all the necessary legitimate rights, registrations, licenses and/or authorization approved by law as regards software, tools, techniques, designs used by it relating to the Software Product/Platform. 

How the contract is formed between you and us

After completing signup, you will receive an e-mail from us acknowledging that we have received your request. Please note that this does not mean that your subscription has been accepted. Your subscription constitutes an offer to us to buy Service by subscribing to Apps. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your subscription has been accepted (Welcome Email). The contract between us (Contract) will only be formed when we send you the Welcome Email.

The subscription plan to App consists of a 1 month Free Trial period and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature and you authorized Docus to charge the payment method you provided us at the time of signup. Docus may periodically charge the payment method on file (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Docus reasonably could act on your notice. To terminate your authorization or change your payment method, log into your account and manage your automatic subscription payment to us. Docus cannot alter or cancel this for you.

By subscribing to Apps you are agreeing to pay recurring periodic subscriptions until canceled by you, on the subscription terms set out in the application form you have completed. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

Account Cancellations. If you wish to cancel your subscription with us, you must cancel 7 days before your next payment is due to be collected. If your payment has been canceled before the 7 day period this may result in being invoiced for the following month subscription.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

Providing services

Docus provides the Clients access to the Apps, using which Clients can add Practitioners on the Apps and give them access to use the Apps for Virtual Consults.

All of the participating Medical Experts are independent contractors and Docus itself provides no telemedicine services. Medical Experts shall not be responsible for a patient's diagnosis or treatment plan or any outcome of the opinion. 

Medical Experts shall provide their opinions to Clients’ Practitioners, who shall decide, manner to use or apply the advice or opinion, on their own judgment and expertise to provide treatment to their patients and shall be solely responsible for the treatment. They can accept or reject the Medical Expert’s advice and opinion.

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.

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.

 

What We Do and What We Don't Do (Docus)

We Support Your Health Decisions through Information.

Docus is designed to connect hospitals/clinics with Medical Experts in US and Europe to support the health decisions and choices of hospital/clinic Practitioners. On Docus you can ask informational questions and find educational answers from Medical Experts. This information is not medical care and no doctor-patient relationship is created by this use. This information on Docus is not a substitute for a formal diagnosis, physical examination, or prescription.

We Provide Access to Doctors for Care (Virtual Consults).

Via Docus Virtual Consults, you can obtain a medical opinion from Medical Experts. Docus Virtual Consults may support doctor-practitioner relationships. Virtual Consults may be used where an ongoing doctor-practitioner relationship exists, or where a temporary doctor-practitioner relationship is created by the use of Virtual Consults.

We Provide Information without Recommendation or Endorsement.

We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Docus. Docus is designed to be used with common sense and in connection with the advice of your hospital/clinic Practitioner. Reliance on Docus Content or Services is solely at your own risk. Some Services and Content (including posts by Medical Experts) may not be reviewed or certified by Docus. We cannot guarantee that the Content and Services will help you achieve any specific goals or results.

We're Not for Use in Emergencies.

Never use Docus or Content or Services in a potential or actual medical emergency

 

Docus Medical Experts

Independence of Docus Medical Experts.

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 professionals 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.

 

Your Account and Your Use of Docus

You are responsible for your account. Keep your password 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 information in your account. If you suspect unauthorized use of your account, send a password change request to the email address: info@docus.ai. 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 on the settings page or visiting the customer service help center.

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 and any other applicable jurisdiction, 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.

 

Content and Services

Docus is for use.

Docus is a service for hospitals/clinics, and their Practitioners to use to support their or their patients’ personal health decisions. Licensed U.S. or Europe doctors and other qualified medical experts may apply to participate on Docus for educational purposes as Medical Experts or to provide Virtual Consults.

By subscribing on Docus platform hospitals/clinics have an opportunity to create profiles for their Practitioners.

 

Responsibilities of Docus

Docus, being the absolute owner of the platform, shall provide the below services as a licensor:

  • To provide the platform’s access to the Client.

  • To maintain and provide access to Medical experts for the Client.

  • To provide information about Medical experts and their Fees Schedule.

Ensure that the platform provides Medical experts with valid licenses and discloses verified information about them.

  • Ensure background check of Medical experts before listing them on the platform.

  • Implement industry-standard measures and solutions to ensure data protection.

 

Responsibilities of Client

The Hospital/Clinic shall be responsible for the following:

  • To make timely payments against the invoices raised.

  • Ensure the patients give the right to Client to share their personal data and medical data with Medical experts and store it on Docus’ platform for providing services to the patient.

  • To obtain and ensure all required licenses and registrations are in place to act as a hospital/clinic.

  • To ensure that the platform is used only in consultation with their own practitioners, doctors and medical team and it is not for direct use by the patients.

  • To use the platform only for legally allowed uses as per Indian government laws and regulations.

 

Possible risks

The Client understands that as with any medical procedure, there are risks associated with the use of Docus Services as the Medical experts will not be conducting a physical examination. You clearly understand and agree that You are aware of these limitations and risks which may include, without limitation, the following:

  • Delays in consultation and evaluation or treatment may occur due to deficiencies or failures of technical equipment which may include poor audio/video quality.

  • Failure of security protocols leading to a breach of privacy of personal information.

  • Lack of access to the complete medical history of the user may result in adverse drug interactions or allergic reactions or other negative outcomes.

 

Fees, invoicing and payment

Subscription fee and Payment

Docus offers a paid subscription plan to hospitals/clinics for the access to Docus Apps.

The subscription plan to Apps consists of 1 month Free Trial period and then followed by recurring period charges as agreed to by you.

The Subscription plan fee will be quoted on our website docus.ai

Payment for the Subscription plan is processed via all major debit and credit cards or via bank wire.

Medical Experts Consultation Fees and Payment

Docus shall charge fees as listed on the Apps which includes Medical Expert fees for written form consultation or for the consultation via video call.

Docus has no markup on Medical Expert fees.

Client understands that the fee charged by the Medical Expert is for a single consultation request only. In case the user attempts to obtain the consultation for more than one request, the Practitioner shall not address the consultation requirement for a such an additional case.

At the end of each month, Docus shall provide a monthly service report for services provided to the client during the month along with applicable fee schedules of medical experts.

Basis the reports shared by Docus, Docus shall raise an invoice on the Client by the 3rd day of the next month for services provided during the month. 

The client shall make payment within 15 days from the date of invoice.

All payments will be paid electronically via bank wire. 

Penalty Interest at the rate of one and a half percent (1.5%) per month shall be leviable on late payments made by Client to Docus.

Docus may desire to appoint Resellers to approach and onboard Clients. In the event of any action by Reseller to collect any amount not paid when due, Client will reimburse Docus’s costs of collection (including, without limitation, any attorneys’ fees and arbitration costs).

The Client can raise invoices to its patients as per its own policy and decision. There shall be no upper cap on invoicing amount imposed by Docus.

Docus may update listed Medical Experts’ fees based on the changes of Medical Experts’ Fee Schedule.

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.

We are not responsible for anything outside of Docus.

The Apps may contain links to other apps, websites, 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 (such as 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.

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

Strictly Limited Content.

To further our mission of making reliable health information available to the public, we accept limited advertising and sponsorship under strict guidelines. Advertisers and sponsors are not permitted to make unsubstantiated health claims or suggest that Docus endorses any product or service. Docus does not endorse products or services. Advertisements may be placed on our website or mobile apps adjacent to content related to advertiser or sponsor interest, and also may be presented to users using non-personal data. Docus does not permit the collection of any personally identifiable information from our site visitors on Docus web or mobile apps. For more information see below:

  • Advertising and Promotion Criteria

Docus offers select advertising opportunities on our site and in our apps. Advertising and sponsorship revenue is used to support our mission of providing access to doctor-created health content. Criteria are subject to change without notice. For information contact: support@docus.ai.

  • Permissible Advertising

Corporate image advertising or sponsorship, FDA-approved over-the-counter medications or prescription drugs (excluding Schedule IV drugs), health-related consumer products, fitness products or services, medical products or devices, pharmacies (retail and VIPPS-compliant online).

  • Prohibited Advertising

Alcohol, tobacco products, weapons, health care services (clinics, hospitals, procedures, lab testing), legal services, pornography, gambling, political ads, social cause ads, religious ads, competitor ads, comparative advertising (including any mention of competitive brand names within an advertisement), pop-ups and floating content, and any ads that enable collection of personally identifiable information on the Docus site.

  • Limitations

    • No substantiated health-related claims (supporting documentation may be required)

    • No implication of endorsement by Docus, Docus affiliated entities, or doctors on Docus

    • No unsolicited commercial messages

    • No collection of user personal information or contact information without express and legally compliant user consent and no appliets, cookies, or files may be placed that transmit personally identifiable information

    • Final approval of all content is at the discretion of Docus and verification of content and placement may be required before it is produced on our site or apps

    • Paid content must be clearly identifiable as separate and distinct from Docus content

    • Docus reserves the right to determine the placement of paid content, and to reject, cancel or remove at any time any paid content from our site or apps for any reason

    • No co-branding of our health information

    • Docus does not endorse any products or services to third parties

    • These guidelines are not exhaustive and are subject to change at Docus's sole discretion at any time

Any paid advertising listings posted on search results may be identified as "Ads by Google" and may be removed if they do not meet our criteria. Some listings may appear that don't meet our ad guidelines because of the way ads are served by Google.

 

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 commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content and Services. 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. 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.

 

Termination

The agreement shall be terminated immediately in case as under:

 

  • If the Client fails to make the payment for Services provided.

  • Intentional Misrepresentation by the Client.

  • If both the parties find it convenient to terminate the agreement as per mutual agreement.

Effect of termination

Upon termination of this Agreement, the Client shall cease to be a member of the platform. In such case the Client is still obligted to pay the due payment for the provide consultations.

No liability for termination

Neither party will be liable for any damages arising out of the termination of this Agreement in accordance with this section. Client acknowledges and agrees that Docus/ Reseller is not responsible for Client's dependence on revenues hereunder.

 

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 THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR OR YOUR PATIENTS’ 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, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE.

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.

The Practitioner is solely responsible for the user/patient treatment plan. Docus is not responsible for Expert 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.

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.

 

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 or in the Terms of Use.

 

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 with a doctor in a language in which you are not proficient without the use of a professional translator. If you are connected to a Medical Expert who speaks your language, you understand that the doctor may not be a native speaker and that the doctor's ability to communicate may be limited. 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 and 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 California law, excluding California's 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. You may contact us by sending correspondence to that address or by visiting the customer service help center at https://support.docus.ai.

 

User Guidelines

By using Docus, including Virtual Consults, you agree to abide by the following guidelines. Any violation may result in limitation, suspension, or termination of your access to our Apps.

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 and Virtual Consults 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 Questions).

  • Informational Questions Only. Informational questions submitted for educational purposes are allowed.

  • No Posting for Illegal Purposes. Do not use Docus for any purpose in violation of local, state, federal, or international laws.

  • No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others (never post a picture of another person without permission) or on the privacy or publicity rights of others. Do not post impersonating another person or entity.

  • No Inappropriate Postings. Do not post material that is unlawful, misleading, obscene, sexually explicit, medically inappropriate, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with our Terms or Privacy Statement.

  • No Viruses or Software. You agree that you will not upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or the Apps.

  • No Excessive or Inappropriate use. Do not use the Apps excessively, inappropriately, or in ways that the Apps were not designed for or that are not, in the opinion of Docus Medical Experts, medically appropriate or legitimate.

  • No Promotions or Links. Do not post advertisements, solicitations, or links to other websites or individuals.

  • No Spam or Schemes. Do not post the same question more than once or "spam" Docus. Do not post chain letters or pyramid or other schemes.

  • No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying Docus, or which, in the judgment of Docus, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

Reservation of Rights.

  • Rejection and Removal of content. Subject to applicable law and any related limitations, we reserve the right to review any submission or Content on our Apps and Services, and to not post such Content or to remove or request the removal of any Content for any reason, at any time, without prior notice, at our sole discretion.

  • Termination. We reserve the right to restrict or terminate access to our Content or Services by any individual who violates our Terms, or engages in any other conduct that, in our sole judgement, restricts or inhibits any other person from using or enjoying Docus or exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

 

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 26, 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 Santa Clara County, California 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, 2810 N Church St, Wilmington, DE 19802 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., 2810 N Church St, Wilmington, DE 19802 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 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: Virtual Consults

THE FOLLOWING TERMS APPLY TO YOUR USE OF VIRTUAL CONSULTS PERFORMED BY VIDEO, AUDIO (VOICE), OR TEXT CHAT, OR BY ASYNCHRONOUS TEXT INBOX CONSULTS (COLLECTIVELY, "VIRTUAL CONSULTS"). BY USING VIRTUAL CONSULTS, YOU REPRESENT THAT YOU UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING IN ADDITION TO OUR BASIC TERMS OF USE.

Understandings, Agreements, and Representations.

Medical Agreement.

  • You are entering into an agreement with Docus, which shall be a platform for getting a second opinion from Medical Experts through the Docus Apps.

  • You are entering into a doctor-doctor relationship with the Medical Expert associated with Docus that personally performs the Virtual Consult for you.

  • You agree to use your legal name and real medical information in Virtual Consults.

  • You agree to use only one Docus account for maintaining your medical records and for doing Virtual Consults.

  • You represent and warrant to Docus that you have a primary care physician working for your hospital/clinic.

  • You understand and agree that the Medical experts registered on Docus are only providing minor non-emergency primary-care medical services with respect to Virtual Consults.

  • Docus, Inc. is the provider of certain administrative services and does not provide professional medical services.

  • You agree that Medical experts registered on Docus, in performing a Virtual Consult, may not prescribe drugs for your patients.

  • Docus is a company, not a doctor, and does not practice medicine and does not participate in or interfere with the practice of medicine by Medical Experts on Docus, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.

  • You understand that the services offered by Docus are not health insurance and are not a substitute for health insurance. You agree not to use such services as health insurance. Virtual Consults are designed for use independent of health insurance as an out-of-pocket cost service, and unless otherwise expressly stated, associated fees may not qualify for insurance or HSA or similar reimbursement.

  • Other than for mutually agreed upon in-person care with a Medical Expert on Docus, you agree to refrain from contacting or seeking to contact a Medical Expert for telemedicine care outside of the platform (such as by phone, email, or other messaging system). This protects hospitals/clinics, Practitioners, and Medical Experts. Docus is not responsible for any interactions with Medical Experts not conducted on the Docus platform.

 

Consult Quality.

  • You agree to ensure the patients give right to Docus to share their personal data and medical data with medical experts and store it on Docus’ platform for providing services to the patient.

  • You agree that Medical Experts performing Virtual Consults may recommend allowed medications in such Virtual Consults when in the Medical Expert's sole judgement it is medically appropriate to do so. You agree that you are not guaranteed any prescription in a Virtual Consult. The determination that a medical concern warrants a prescription is always made at the discretion of the Practitioner. You agree to maintain up-to-date medication information in your patients’ Health Profile on Docus so that consulting Medical Experts may know their medication history.

  • You understand and agree that Docus and Medical Experts on Docus are not responsible for disconnections or connection quality issues you may experience during or outside of Virtual Consults as a result of your mobile device's or computer's internet connectivity.

  • You agree to refrain from abusive language or engaging in inappropriate behavior with Medical Experts during a Virtual Consult and agree that a Medical Expert may terminate a Virtual Consult at any time should inappropriate behavior or language be used, or if in the Medical Expert's sole judgment, the Virtual Consult is no longer appropriate or productive.

  • Docus Virtual Consult fees do not include nor cover the costs of any recommendations or treatments associated with any Virtual Consult (including but not limited to: prescriptions, lab tests, services or treatments, devices, or referrals for non-Docus consults).

Your Rights.

You have all the following rights with respect to Virtual Consults:

  • Free Choice. Client has the right to withhold or withdraw the consent to Virtual Consults at any time without affecting the right to future care or treatment.

  • Access to Information. Client has the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed Medical Expert associated with Docus consulting Practitioners.

  • Risks. Client understands that there are risks from Virtual Consults, including the following: (i) loss of records from failure of electronic equipment; (ii) power or other technical failures with loss of communication; and (iii) invasion of electronic records by outsiders (hackers). Finally, Client understands that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.

  • Benefits. Client understands that Client can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) access to the Medical Experts’ knowledge; (ii) marketing advantage over other hospitals; and (iii) additional income from markup on Medical Experts Fees.

  • Quality Assurance. Client understands that records related to these consults may be reviewed under a Docus quality assurance program. Records of Docus Quality Assurance Committee records are subject to confidentiality.