TERMS OF USE

Welcome to Safe Health Medical Care Telemedicine ("Safe Health Medical Care Telemedicine," "we," "us," or "our").

By using the websites located at telemedicine.safehealthmedical.org, as well as the mobile application called “Safe Health Medical Care Telemedicine” (the “App”) (collectively, the “Service”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of Safe Health Medical Care Telemedicine (“Member”).

If you wish to become a Member and/or make use of the Service, please read this Agreement carefully. If you object to anything in this Agreement or the Safe Health Medical Care Telemedicine Privacy Policy, do not use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Electronic Agreement

This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by Safe Health Medical Care Telemedicine at any time, effective upon posting on the Service.

By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following our posting of revised terms will constitute your express and binding acceptance of the revised Terms of Use.

2. Access and Retention

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must also use equipment necessary to connect to the World Wide Web, including a computer, mobile device, modem, or other access device. Please print or save a copy of this document for your records.

3. Eligibility

You must be at least thirteen (13) years of age to use the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

The Service is not available to users who have been previously removed or suspended from the Service.

4. License for Mobile Application

Safe Health Medical Care Telemedicine grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App on a device that you own or control.

We reserve all rights in and to the App which are not expressly granted under these Terms of Use. You are prohibited from running any version of the App on a jailbroken or compromised device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Failure to install updates may expose you to security risks, including possible breach of your personal information.

5. Doctor Representations and Warranties

If you are a Doctor, you acknowledge and agree:

a. You are licensed to practice medicine in the state(s) which you specify upon signup.

b. You will promptly inform Safe Health Medical Care Telemedicine if your license to practice medicine lapses, is suspended, is revoked, or is otherwise subject to a change in status.

c. You will only respond to requests made within the state(s) in which you are licensed to practice medicine.

d. In connection with your use of the Service, you will comply with all applicable laws, including but not limited to HIPAA, HITECH, state and federal nondiscrimination laws, and other applicable rules, regulations, and ordinances.

6. Commercial Use of Service

If you are using or accessing the Service on behalf of a company, entity, or organization, you represent and warrant that:

a. You are an authorized representative of that entity.

b. You have authority to bind that entity to this Terms of Use.

c. You have read, understand, and agree to this Terms of Use on behalf of that entity.

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames or email addresses for unsolicited messages, unauthorized framing or linking, sharing your username or password with a third party, impersonating another person, using the Service in a fraudulent or misleading manner, scraping, automated access, disrupting the Service, or using the Service in violation of applicable laws.

7. Account Security

You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account.

You agree to immediately notify Safe Health Medical Care Telemedicine of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

8. Your Use of the Service

You agree that you must not:

a. Copy, capture, republish, adapt, display, distribute, or exploit any content from the Service without permission.

b. Use the Service to create a competing or similar service.

c. Use scraping, bots, crawlers, harvesting tools, or automated techniques to access or collect data from the Service.

d. Remove trademarks, copyright notices, or proprietary notices from the Service.

e. Reverse engineer, decompile, modify, or attempt to discover the source code of the Service.

f. Upload, transmit, or distribute offensive, abusive, defamatory, obscene, unlawful, harmful, malicious, or infringing content.

g. Upload or transmit viruses, spyware, malware, Trojan horses, bots, worms, or other harmful code.

h. Send unsolicited advertising, promotional messages, spam, or unauthorized solicitations through the Service.

i. Impersonate another person or entity.

j. Harass, threaten, abuse, exploit, or stalk another user or any employee of Safe Health Medical Care Telemedicine.

k. Sell, transfer, or offer to sell or transfer your account without prior written permission.

l. Attempt to bypass, violate, or test the security systems of Safe Health Medical Care Telemedicine.

We reserve the right to investigate suspected violations and take appropriate action, including termination of your account and cooperation with law enforcement authorities.

9. Safe Health Medical Care Telemedicine Is a Marketplace; Limitation of Medical Responsibility

Safe Health Medical Care Telemedicine acts as a platform to connect medical doctors (“Doctors”) and patients (“Patients”) in need of medical care. You acknowledge and agree that Safe Health Medical Care Telemedicine is not a party to any agreement between you and another user unless expressly stated.

You are solely responsible for deciding whether to rely on a Doctor’s advice. You are encouraged to obtain additional medical opinions before acting or refraining from acting on medical advice.

You acknowledge and agree that only doctors licensed in the state from which you send a request may respond to that request.

SAFE HEALTH MEDICAL CARE TELEMEDICINE IS NOT RESPONSIBLE FOR VERIFYING A DOCTOR’S CREDENTIALS, THE APPROPRIATENESS OF A DOCTOR’S MEDICAL EVALUATION, OR THE VERACITY OF A DOCTOR’S OPINION, EXCEPT AS REQUIRED BY APPLICABLE LAW.

10. Billing

Billing policies disclosed to you when subscribing to the Service are deemed part of this Terms of Use. You are responsible for all taxes associated with your use of the Service.

Safe Health Medical Care Telemedicine may bill you through an online billing account. You agree to pay all charges at the prices then in effect for your use of the Service.

11. Refunds

Patients may request a refund for fees. Safe Health Medical Care Telemedicine may, in its sole discretion, grant or deny a refund request, unless otherwise required by law.

12. Modifications to Service

Safe Health Medical Care Telemedicine reserves the right to modify, suspend, or discontinue the Service, temporarily or permanently, with or without notice.

13. Blocking of IP Addresses

To protect the integrity of the Service, Safe Health Medical Care Telemedicine reserves the right to block users from certain IP addresses from accessing the Service.

14. Term and Termination

This Terms of Use will remain in full force and effect while you use the Service. You may terminate your membership at any time through your account dashboard, where available.

Safe Health Medical Care Telemedicine may terminate your account for any reason, subject to applicable law. Even after termination, provisions that by their nature should survive termination shall remain in effect.

15. Third Party Content

The Service may provide third-party content or links to third-party websites. Safe Health Medical Care Telemedicine does not control, endorse, or assume responsibility for any third-party content or websites. Use of third-party content is at your own risk.

16. Intellectual Property

Safe Health Medical Care Telemedicine, its logos, service names, product names, design elements, software, graphics, interfaces, and other materials are protected by copyright, trademark, trade dress, patent, and other intellectual property laws.

You may not copy, modify, publish, transmit, distribute, perform, display, sell, or exploit any proprietary information without prior written permission.

17. Terms for the iOS App

You acknowledge and agree that these Terms of Use are between you and Safe Health Medical Care Telemedicine only, and not with Apple. Safe Health Medical Care Telemedicine, not Apple, is responsible for the App and its contents.

Apple has no obligation to provide maintenance or support services for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and may enforce these Terms against you as a third-party beneficiary.

18. Repeat Infringer Policy

Safe Health Medical Care Telemedicine may terminate access to the Service for users determined to be repeat infringers or repeat violators of these Terms.

19. Limitation of Liability

The Service is provided “as is” without warranty of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

TO THE GREATEST EXTENT PERMITTED BY LAW, SAFE HEALTH MEDICAL CARE TELEMEDICINE, ITS OFFICERS, OWNERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

If any limitation is deemed unenforceable, the entire aggregate liability of Safe Health Medical Care Telemedicine shall be limited to the greater of $500.00 or the amount paid by you to Safe Health Medical Care Telemedicine during the six months before the claim arose.

20. Indemnity by You

You agree to indemnify and hold harmless Safe Health Medical Care Telemedicine, its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, liability, claim, demand, or expense, including reasonable attorneys’ fees, arising out of or related to your use of the Service, your violation of these Terms, or activity under your account.

21. Attorney Fees

If Safe Health Medical Care Telemedicine is successful in whole or in part in any action or proceeding related to these Terms, you may be responsible for reasonable attorneys’ fees and costs, to the extent permitted by law.

22. Parental or Guardian Permission

Some content or services may not be appropriate for children. Children under the age of 13 are not permitted to use the Service unless a supervising parent or legal guardian is present.

23. Privacy

Use of the Service is also governed by our Privacy Policy, available at: https://telemedicine.safehealthmedical.org/app/policy.html .

24. Jurisdiction and Choice of Law; Dispute Resolution

If there is any dispute arising out of the Service, you expressly agree that such dispute shall be governed by the laws of the State of New York, without regard to conflict of law provisions.

You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York for the resolution of any such dispute, unless otherwise required by law.

25. Arbitration Provision / No Class Action

Except where prohibited by law, any disputes, claims, or causes of action arising out of or connected with the Service shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association.

26. No Third Party Beneficiaries

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

27. Availability Outside the U.S.

If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You acknowledge that any personal information you provide may be processed in the United States and other locations selected by us in a manner consistent with this Agreement and the Privacy Policy.

28. Entire Agreement

These Terms of Use, together with the Privacy Policy, contain the entire agreement between you and Safe Health Medical Care Telemedicine regarding use of the Service.

29. Severability; Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a continuing waiver of such term or any other term.

30. Headings

Section headings are for reference purposes only and shall not affect the meaning or interpretation of these Terms.

31. Telemedicine Consent

By registering, logging in, or clicking a link to participate in an audio/visual interaction with your practitioner, you accept and agree to the following:

a. I understand that my health care provider wishes me to engage in a telemedicine consultation.

b. I understand that video conferencing technology will be used for the consultation and that it will not be the same as an in-person visit because I will not be in the same room as my health care provider.

c. I understand there are potential risks to this technology, including interruptions, unauthorized access, technical difficulties, and possible service limitations.

d. I understand that my health care provider or I may discontinue the telemedicine consultation if the video connection or technology is not adequate for the situation.

e. I understand that my healthcare information may be shared with individuals involved in scheduling, billing, technology support, and care coordination, as permitted by law and applicable privacy practices.

f. I understand that other personnel may be present during the consultation to operate equipment or assist with the consultation, and that such individuals are expected to maintain confidentiality.

g. I understand that I may request that non-medical personnel leave the telemedicine consultation, ask that sensitive details be omitted where appropriate, or terminate the consultation at any time.

h. I understand that there may be alternatives to a telemedicine consultation, including in-person care, and I choose to participate in telemedicine.

i. I understand that some parts of the examination may require assistance from individuals at my location under the direction of the consulting health care provider.

j. In an emergency consultation, I understand that the responsibility of the telemedicine consulting specialist may be limited to advising my local practitioner and may conclude when the video conference ends.

k. I understand that billing may occur from my practitioner and/or from the facility or service provider, as applicable.

l. I have had the opportunity to ask questions regarding telemedicine services. My questions have been answered and the risks, benefits, and practical alternatives have been discussed in a language I understand.

m. I consent to receive email, phone calls, and transactional SMS/text messages related to my medical consultations, appointment updates, account notifications, and service access. Message and data rates may apply. I understand I can opt out of SMS/text messages at any time by replying STOP.

n. I have read or had this form read and/or explained to me. I understand its contents, including the risks and benefits of telemedicine, and I have had sufficient opportunity to ask questions.

32. SMS/Text Message Communication Consent

SMS/text messages are used strictly for service-related healthcare communication and may include:

• Appointment confirmations and reminders
• Notifications when a doctor is ready for consultation
• Secure links to join virtual waiting rooms
• Important account or service-related updates
• Consultation access instructions

Message frequency varies depending on your interaction with the platform. Message and data rates may apply.

You may opt out of receiving SMS/text messages at any time by replying STOP to any message. For assistance, reply HELP or contact our support team.

Safe Health Medical Care Telemedicine does not send marketing, promotional, or advertising messages via SMS/text messaging. All SMS/text messages are strictly transactional and one-to-one.

Your consent to receive SMS/text messages is not a condition of purchase or use of core medical services, but certain platform features, such as receiving consultation links or virtual waiting room access links, may require SMS delivery or another available communication method.

33. Contact

Please contact us with any questions regarding this Agreement, the Service, or SMS/text message communication.

Safe Health Medical Care Telemedicine reserves all rights not expressly granted in these Terms of Use.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.