Docturnal Health Telemedicine Terms Of Service
READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
USING THE SERVICE, CLICKING AGREE OR OTHER FORM OF ASSENT, YOU ARE AGREEING TO
ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF A THIRD
PARTY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO
AGREE TO THIS AGREEMENT ON THEIR BEHALF. REVIEW SECTION XIV, AS IT REQUIRES MANDATORY
ARBITRATION AND CONTAINS A CLASS ACTION WAIVER.
Agreement is between you and Docturnal Health, Inc. (“Docturnal”) and grants
you access to an Internet-based software service.
NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical
emergency, call 911 immediately.
NOT USE IF YOU ARE A MEDICARE OR MEDICAID BENEFICIARY. By agreeing to these
Terms of Service you certify that you are not a Medicare or Medicaid
beneficiary. You also agree that you will not submit this claim to a private
insurance or other insurance provider for payment.
NOT USE THIS SERVICE IF YOU DO NOT WANT TO RECEIVE TEXT MESSAGES OR EMAIL
CORRESPONDENCE TO THE NUMBERS AND/OR TELEPHONE NUMBERS THAT YOU PROVIDE. By
agreeing to these Terms of Service you are specifically requesting to receive
communications to the cell phone number and/or email address provided. These
communications may include personal information related to your health care and
may contain Protected Health Information as that term is defined by HIPAA. The
messages may include links to download health care information such as
In this Terms of Service Agreement , the terms “you” and “yours”
refer to the person using the Service, or in the case of a use of the Service
by or on behalf of a minor, “you” and “yours” refer to and include (i)
the parent or legal guardian who provides consent to the use of the Service by
such minor or uses the Service on behalf of such minor, and (ii) the
minor for whom consent is being provided or on whose behalf the Service is
I. The Service
This Agreement providers User access to and usage of an
Internet-based software service, including, without limitation its features,
functions and user interface (Service). The Service allows you to receive
Telemedicine Services from Docturnal’s Clients who are Healthcare Providers.
When using the Service, you will be consulting with Healthcare Provider(s)
(“Provider”) solely via the use of “Telemedicine”. Telemedicine involves the
delivery of healthcare services using audio-visual electronic communications,
information technology or other means between a healthcare provider and a
patient who are not in the same physical location.
II. Data Use
By creating an account with the Service, you agree to give
Docturnal the right to use your personal information for the purposes of
performing under this Agreement. Docturnal will use and protect your personal
is not a health care provider or a Covered Entity under HIPAA and that the
information you enter to create an account is not Protected Health Information
as that term is defined by HIPAA. Once you establish a Provider-Patient
relationship with one of Docturnal’s Clients who is a Covered Entity, any
information received by Docturnal Health to provide Services on behalf of that
Provider (e.g., for payment purposes), will be created or maintained as part of
Docturnal’s role as a Business Associate of that Covered Entity and will be
protected by HIPAA. Providers who are not Covered Entities will be bound by
all state and federal privacy rules as applicable to their profession.
Any Provider-Patient relationships that exist outside the use of
this Service or health care not provided through the Service are not covered by
Telemedicine may be used for diagnosis, treatment, follow-up
and/or patient education, and may include, but is not limited to, one or more
of the following:
Electronic transmission of medical records, photo images, video,
personal health information or other data between a patient and a healthcare
Interactions between a patient and healthcare provider via audio,
video and/or data communications.
Use of output data from medical devices, sound and video files.
The electronic systems used in the Service will incorporate
network and software security protocols to protect the privacy and security of
your information and will include measures to safeguard data to ensure its
integrity against intentional or unintentional corruption.
III. User Accounts
When you register to use this Service, you are required to create
an account (“Account”) by entering your real name, email address, password and
certain other information collected by Docturnal collectively “Account
To create an Account, you must be of legal age and capacity to
form a binding contract. If you are not of legal age or capacity to form a
binding contract, you may not register to use our Services.
You agree that the Account Information that you provide to us at
all times, including during registration and in any information you upload or
input to the Service, will be true, accurate, current, and complete.
You may not transfer or share your Account password with anyone or
create more than one Account (with the exception of sub accounts established
for children of whom you are the parent or legal guardian).
You are responsible for maintaining the confidentiality of your
Account password and for all activities that occur under your Account.
Docturnal reserves the right to take any and all action, as it deems necessary
or reasonable, regarding the security of the Service and your Account
You agree not to use your account to harass, threaten, abuse,
stalk, defame or otherwise infringe or violate any other party’s rights.
You will not advertise to, or solicit any user or Provider to buy
or sell any products or service through the Service.
In no event and under no circumstances shall Docturnal be held
liable to you for any liabilities or damages resulting from or arising out of
your use of the Service, your use of the Account Information or your release of
the Account Information to a third party. You may not use anyone else's account
at any time.
YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY IN
YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU, INCLUDING CONTENT PUBLISHED OR
PURCHASES MADE THROUGH YOUR ACCOUNT
You agree that Docturnal is not a medical provider and that
creation of an account on the Service does not create a Provider-Patient
relationship. A Provider-Patient relationship only begins between you and the
Provider when you are connected to a Provider through the Service. Further, you
agree that Docturnal does not provide medical advice or care and does not
control the medical advice or care provided by Providers. Docturnal’s sole
relationship with Providers is the provision of the service which allows them
to provide Telemedicine care to you. Providers are not employed by Docturnal
and are not agents of Docturnal. The Providers, and not Docturnal , are
responsible for the appropriate quality and level of care provided to you. All
references to "treatment" and "services" as mentioned on
our website, should in no way be interpreted as healthcare treatment and
services provided by Docturnal Health.
IV. Other Terms
All healthcare services and treatment you receive from a
Provider(s) using the Service will be provided using Telemedicine Services. Controlled
Substances will not be prescribed through the Service.
You understand that connectivity and other internet issues may
occur preventing you from connecting to the Service. Docturnal strives to
maintain a constant and uninterrupted connection, however, where such failures
do occur due to a systems glitch or other causes, your sole remedy will be
rescheduling of the Telemedicine Appointment.
You agree that it is your Provider’s responsibility to discuss the
risks and benefits of the use of Telemedicine and the Service with you and
the risks and benefits of any medication or treatment they may prescribe or
recommend. You may not use the Service until you have agreed to the informed
consent document developed by the Provider who will be providing Telemedicine
Services to you.
You have the right to withdraw your consent to the use of
Telemedicine in the course of your care at any time by ceasing to use the
Service. If you wish to continue to see the Provider in a traditional office
setting you will need to contact the Provider through other means. Docturnal
only provides access to scheduling for Telemedicine visits through the
Your Provider will be responsible for retaining medical records
for medical care provided through the Service in accordance with applicable
state and federal laws. If you want copies of the records it is your
responsibility to contact the Provider.
You understand that the use of Telemedicine involves electronic
communication of your personal medical information to Provider(s) who may be
located in other areas, including outside of the state in which you reside.
This Service aims to connect you with licensed Providers located within the
state you reside in. For the purpose of this, the State which you register
which shall be considered the State which you reside in. It is your duty to
ensure that Providers you select are those located within your State. You
acknowledge that accepting medical advice from providers outside the State
which you reside in may be violating State laws and other regulations, and
Docturnal will not be held liable in such cases.
You understand that it is your duty to provide Docturnal and your
Provider(s) truthful, accurate and complete information, including all relevant
information regarding care that you may have received or may be receiving from
other healthcare providers outside of the Service.
You understand that a Provider may determine in his or her sole
discretion that your condition is not suitable for diagnosis and/or treatment
using the Service, and that you may need to seek health care and treatment with
a specialist or other healthcare provider, outside of the Service.
You agree that any photographic or other images and documents you
submit to the Service for review by the Provider may be retained by the
Provider(s) as part of your medical record. To protect the content of such
photographs it is your responsibility to delete such photographs from your
personal devices or your personal electronic storage.
agree that you are responsible for paying fees associated with the Telemedicine
visit at the time that you make your appointment.
providing Docturnal with your credit card number or PayPal or Venmo account and
associated payment information, you agree that Docturnal is authorized to
immediately bill your account for all fees and charges due and payable to
Docturnal and professional fees due and payable to your healthcare provider and
that no additional notice or consent is required at the time you confirm and
schedule your appointment.
your employer or agency has arranged with Docturnal to pay the fee or any
portion of the fee, or if the fee is pursuant to some other arrangement with
Docturnal, that fee adjustment will be reflected in the fee that you are
ultimately charged. Please check with your employer to determine if any
Services will be reimbursed.
understand that you are fully responsible for payment of all services set forth
herein, for yourself the user and sub-users such as dependent children added to
your profile and that you cannot use third-party insurance to pay for these
You can cancel up to 24 hours before any online visit and we’ll automatically
refund your payment in full.
If the provider is unable to see you for any reason or if your provider cancels
your appointment, we’ll automatically refund your payment in full.
We will not issue a refund for the following:
Cancelations made within 24 hours of your
appointment time for your online visit
However, if you make a
same day appointment and need to cancel, Docturnal Health will refund you if
you cancel within one hour of scheduling and confirming the appointment.
Email us at
or call us at 1-888-354-0874 between 9am and 5pm Eastern Standard, Monday through Friday. We’ll resolve your questions as fast as we can.
VIII. Account Security
You are solely responsible for maintaining the confidentiality of
the username and password that you designate during the registration process,
and you are solely and fully responsible for all activities that occur under
your username and password. You agree to (a) notify Docturnal of any loss or
unauthorized use of your username or password or any other breach of security
related to your account, and (b) ensure that you exit from your account at the
end of each session. Docturnal will not be liable for any loss or damage
arising from your failure to comply with this provision. You should use
particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal
information. If you share your computer with others, you may wish to consider
disabling any auto-sign in feature if you have linked your Docturnal account to
any electronic mail service or other account.
You understand that use of the Service will require you to
communicate personal and potentially sensitive information and it is your
responsibility to conduct such communications in a place, time and manner that protects
such communications and information.
You expressly agree to indemnify, defend and hold harmless
Docturnal its officers, directors, employees, agents, subsidiaries, affiliates,
licensors, and suppliers, harmless from and against any claim, actions,
demands, liabilities and settlements, including without limitation reasonable
legal and accounting fees ("Claims"), resulting from, or alleged to
result from, your violation of these terms and conditions or any malpractice or
other claims you may have against a Provider related to use of the Service,
including any claims regarding the qualifications or skill of the selected
X. Force Majeure
Docturnal will not be deemed to be in breach of these terms or
occurrence beyond our reasonable control, including without limitation, acts of
God, terrorism, war, invasion, failures of any public networks, electrical
shortages, earthquakes or floods, civil disorder, strikes, fire, or other
XI. Intellectual Property Rights
Other than content you own, which you may have entered into the
Service under these Terms, Docturnal owns all rights to the intellectual
property including all rights to the information, content, design, software
code, scripts, database structures, trademarks, copyrights, and other
intellectual property included in or utilized by the Service, and any updates
thereto and material contained in the Service’s website, and all such rights
are reserved. You are granted a limited license only, subject to the
restrictions provided in these Terms, for purposes of viewing the material
contained on the Service’s website.
The Service may include or incorporate third-party software
components that are generally available free of charge under licenses granting
recipients broad rights to copy, modify, and distribute such components (“Open
Source Components”). Although the Service is provided to you subject to this
Agreement, nothing in this Agreement will be deemed to prevent, restrict, or
otherwise prevent or restrict you from obtaining such Open Source Components
under the applicable third-party licenses or to limit your use of such Open
Source Components thereunder.
acknowledge and agree that you will not:
attempt to circumvent or disable the Software or any technology
features or measures in the Software by any means or in any manner;
attempt to modify, copy, adapt or reproduce the Software except as
necessary to use it for normal operation;
attempt to decompile, disassemble, reverse engineer, or otherwise
attempt to derive the source code for the Software;
distribute, encumber, sell, rent, lease, sublicence, or otherwise
transfer, publish or disclose the Software to any third party (except as
permitted under this Agreement);
remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in or on the Software or used
in connection with the Software;
use the Software in any manner to aid in the violation of any
third-party Intellectual Property, including but not limited to another’s
copyrights, trade secrets, and patents;
take any action that interferes, in any manner, with the Company’s
rights with respect to the Software;
attempt to undermine the security or integrity of the Company’s
computing systems or where the Software is hosted by a third party, that third
party’s computing systems and networks;
use, or misuse, the Software in any way which may impair the
functionality of the Software, Service, or other systems used to deliver the
Software or impair the ability of any other Client to use the Software or
attempt to gain unauthorized access to any materials other than
those to which you have been given express permission to access; and
transmit, or input into the Software or Service, any files that
may damage any other person’s computing devices or software, content that may
be offensive, or material or Data in violation of any law (including any
content protected by copyright or trade secrets which you do not have the right
You acknowledge and agree that you will not use the Service for
any activities, or post or transmit any material from the Service:
unless you hold all necessary rights, licenses and consents to do
that infringes the intellectual property or other rights of any
that would cause you or us to breach any law, regulation, rule,
code or other legal obligation;
that defames, harasses, threatens, menaces, offends or restricts
any person; or
that is or could reasonably be considered to be obscene,
inappropriate, defamatory, disparaging, indecent, seditious, offensive,
pornographic, threatening, abusive, liable to incite racial hatred,
discriminatory, blasphemous, in breach of confidence or in breach of privacy.
You agree that we have the right (but not the obligation) to
delete any Data or content which in our opinion is in breach of this Section
In addition, title, ownership rights and Intellectual Property
rights in and to any content displayed on the Service or in the Software, or
accessed through the Service or the Software, are the property of the
applicable content owner and may be protected by applicable copyright or other
law. This Agreement gives you no rights to such content.
You acknowledge that any breaches of this Section may lead to
termination of this Agreement.
If we believe that there is a violation of this Agreement that can
be fixed by a User Docturnal may ask you to take action to remove it, or
Docturnal may remove the content and/or terminate the Agreement.
XIII. Access and use Outside the United States
This Service Is Solely Intended For Use
Within The United States and should not be used outside the
United States. The Service makes no claims that it may not be viewed or
accessed from elsewhere, however, you accept that the access or use of the
Service may not be legal by certain persons or in certain countries. 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.
XIV. Binding Arbitration and Governing Law
This Agreement shall be governed by New York law, without giving effect
to its conflicts of law’s provisions for any dispute between the parties or
relating in any way to the subject matter of this Agreement
General Arbitration Process. Any dispute or
claim that may arise between the parties relating in any way to or arising out
of this Agreement, Client’s use of or access to the Services (Claim) must be
resolved exclusively through final and binding arbitration (rather than in
court) under the then current commercial or international rules of the American
Arbitration Association, and the proceeding will be held in Suffolk County, New
York. Any judgement on the aware rendered by the arbitrator is final and may
be entered in any court of competent jurisdiction. Mothing in this agreement
prevents either party from seeking injunctive or equitable relieve in any court
of competent jurisdiction. The prevailing party in any arbitration or
litigation is entitled to recover its attorneys’ fees and costs from the other
Optional Arbitration for Claims Less than $10,000.
Notwithstanding the foregoing, for any Claim (excluding claims for injunctive
or other equitable relief) where the total amount of the award sought is less
than $10,0000, the party requesting relief may choose to resolve the dispute in
a more cost-effective manner through biding non-appearance-based arbitration.
If a party elects arbitration, they must initiate such arbitration through an
established alternative dispute resolution (ADR) provider mutually agreed upon
by the parties. The ADR provider and the parties must comply with the
following rules: (i) the arbitration will be conducted by telephone, online
and be solely based on written submissions, the specific manner will be chosen
by the party initiating the arbitration; (ii) the arbitration will not involve
any personal appearance by the parties or witnesses unless otherwise mutually
agreed by the parties and (iii) any judgment on the award rendered by the
arbitrator is final an may be entered in any court of competent jurisdiction.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS. EACH
PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL PARTY BASIS, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
CLASS OR REPRESENTATIVE PROCEEDING.
XV. No Third-Party Beneficiaries.
You agree that, except as otherwise expressly provided in this
Agreement, there shall be no third-party beneficiaries to this Agreement.
XVI. Complete Agreement.
This Agreement constitutes the sole agreement between you and
Docturnal for your use of the Service, and any further statements or
inducements, oral or written, not contained in this Agreement shall not bind
either you or Docturnal. Any of the terms of this Agreement which are invalid
or unenforceable shall be ineffective to the extent of such invalidity or
unenforceability, without rendering invalid or unenforceable any of the
remaining terms of this Agreement.
XVII. Privacy and Communications.
You understand that by checking the “agree” box for these Terms of
Use and/or any other forms presented to you on the Service you are agreeing to
constitutes a legal signature. You agree that we may send to you Communications
through electronic means including but not limited to: (1) by email, using the
address that you provided to us during registration, (2) short messaging
service (“SMS”) text message to the mobile number you provided us during
registration (“SMS Messages”), (3) push notifications on your tablet or mobile
device, or (4) by posting Communications on the Service, which will be
accessible by logging into the Service. The delivery of any Communications from
us is effective when sent by us, regardless of whether you read the
Communication. You can withdraw your consent to receive Communications by
deactivating your Account. While secure electronic messaging is always
preferred to insecure email, under certain circumstances, insecure email
communication containing personal health information may take place between you
and Docturnal. Docturnal cannot ensure the security or confidentiality of messages
sent by email.You acknowledge and agree that you are solely responsible for
providing Docturnal with accurate contact information, including your mobile
device number and email address, where we may send communications containing
your PHI. Docturnal is not responsible for user errors and omissions.
XVIII. Electronic Communications
By using the Site, you acknowledge and agree that Docturnal will
send user e-mails relating to your user account and Docturnal promotions. You
can opt out of your subscription to Docturnal’s e-mail and sms services at any
time by logging in to the Site and changing your notification preferences. You
may also be able to unsubscribe to special promotional e-mails by clicking on
the unsubscribe link in any of our e-mail communications, under opt-in
By using the Site and opting to receive emails, text messages, and
electronica communications, you acknowledge and agree that Docturnal will be
transmitting certain of your protected health information (“PHI”) as that term is
defined under HIPAA, electronically. You acknowledge and agree that while
Docturnal takes commercially reasonable steps to protect the privacy and
security of your PHI, no system is completely secure. You may choose not to
receive emails or text messages at time by unsubscribing by logging into your
All Providers performing health care services through the Service
have certified to Docturnal that they hold the professional licenses issued by
the professional licensing boards or agencies in the states where they
practice, and the degrees listed on their bio. Docturnal requires Providers to
attest to the accuracy of this information. Docturnal is not responsible for
any inaccuracies in Provider’s bios and your sole remedy for such inaccuracy or
misrepresentation is against the Provider. You can confirm a Provider’s license
by contacting the relevant professional regulatory in your state, for example,
the medical board or psychology board. You can also report a complaint relating
to the care provided by a Provider by contacting the professional licensing
board in the state where the care was received. In a professional relationship,
sexual intimacy is never appropriate and should be reported to the board or
agency that licenses, registers, or certifies the licensee.
You can find the contact information for each of the state
professional licensing boards governing medicine on the Federation of State
Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts and
governing psychology on the Association of State and Provincial Psychology
Boards website at http://www.asppb.net/?page=BdContactNewPG.
Docturnal requires Providers to warrant that they have medical
malpractice insurance while using the Service, however Docturnal is unable to
monitor Providers’ maintenance of such insurance.
Docturnal reserves the right, at any time, to modify, alter, or
update these Terms of Service by posting the modified, altered or updated terms
and notifying you. By clicking accept on the notification, you agree to be
bound by such modifications, alterations or updates. If you do not agree to
such modifications, alterations or updates, you should terminate your use of
the Services. Any such changes will become effective when they are posted. Your
continued use of any of the Services following the posting of notice of any
changes in this Agreement shall constitute your acceptance of such
modifications, alterations and updates.