Informed Consent for Telehealth

I understand that my healthcare provider wishes to evaluate, diagnose, manage, and/or treat my medical condition through an interactive video communication involving the electronic transmission of information referred to as "telehealth" or "telemedicine." I further understand that because my provider and I are not in the same room, a telehealth consultation will not be the same as an in-person visit as my provider must rely solely on the information reported to make recommendations.
I understand that while steps are taken to secure the telehealth communication, there is no guarantee of security and there are potential risks to this technology, including interruptions and disconnections of the audio/video link, unauthorized access, and other technical difficulties.
I understand that my healthcare provider or I can discontinue the consultation at any time for any reason. I further understand that I can be seen in person at another time, my healthcare provider may charge me for my telehealth consultation, and I confirm that my participation in telehealth is completely voluntary.
I understand that while the platform does not enable recording of the telehealth session, it will be documented that the session occurred.
By participating in a telehealth consultation, I confirm that the risks, benefits and any practical alternatives have been discussed, I have had the opportunity to ask questions regarding the process, and that my questions have been answered to my satisfaction.
By participating in a telehealth consultation, I acknowledge that I have read, understand, and agree to be bound by the Terms of Service and Privacy Notice set forth below.

Effective Date: January 6, 2021

Patient Terms of Service and Privacy Notice

Introduction.

This communication service is provided by Doximity, Inc. ("Doximity" or "we") for use by the healthcare providers who are members of Doximity’s online network ("Providers") to facilitate communications with their patients, including through video calls (the "Service"). By accessing or using the Service as a patient, you acknowledge that you have read, understand, and agree to be bound by the terms and privacy practices described below, as may be amended from time to time, (collectively, these "Terms"). If you do not agree with these Terms, then do not use the Service. If you are using the Service on behalf of someone other than yourself, by using the Service you confirm you have the authority to do so. If you are a Provider, please refer to the Doximity Terms of Service and Doximity Privacy Policy for information relevant to your use of the Service as a member of the Doximity network.

THE SERVICE IS NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. IF YOU OR SOMEONE ELSE IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. Doximity does not practice medicine or provide medical or other professional services or advice to patients, nor does Doximity endorse any particular healthcare provider. Doximity provides the Service to facilitate your communications with your healthcare provider for the sole benefit of you and your Provider, and your Provider is solely responsible for your interactions through the Service, including their evaluation, diagnosis, and treatment of your medical condition, treatment outcomes, legal compliance including obtaining any required consents, authorizations and other permissions, records management, healthcare related information requests, and billing and collection matters, and Doximity disclaims any liability for the foregoing. If you have any questions about any of the foregoing matters, or otherwise related to your interactions with your Provider through the Service, you should direct them to your Provider.

To the extent that your use of the Service requires, or permits utilization of wireless, cellular data or internet access, you are solely responsible for securing the necessary data access services. Any fees charged by your mobile carrier or your other service providers in connection with your use of the Service including, without limitation, any data access fees charged by your mobile carrier or internet provider, are solely your responsibility. Carriers are not liable for any delayed or undelivered messages. Message and data rates may apply. The number of communications you may receive through the Service depends on how often your Provider chooses to use the Service to communicate with you. Message frequency varies. If you do not wish to receive communications initiated by your Provider through the Service, reply "STOP" to any SMS text message that you receive notifying you of a request from your Provider. We will send you a reply message to confirm that you will no longer receive these SMS text messages. If at any time you forget how to opt-out, reply "HELP" to any SMS text you will receive instructions on how to opt-out.

Privacy.

We collect information about you and your use of the Service including:

Information that can be used to identify you, such as your phone number, which may be provided by you or your healthcare provider.
Healthcare-related information, such as the name of your doctor, which may be protected health information, or "PHI," subject to the Health Information Portability and Accountability Act of 1996, as amended ("HIPAA").
Information about your device and engagement with the Service including the type of device and browser used to access the Service, your IP address, operating system, and Service usage details, e.g., date and time the Service was accessed, duration and frequency of use.
Other information that you volunteer or that you provide in response to a specific request from us.

We do not monitor the content of communications between you and your healthcare provider on our platform and we do not record audio or video calls.

We may use information about you as follows:

To provide the Service, including to deliver communications from your healthcare provider. If we receive PHI about you in connection with your use of the Service, we do so as a HIPAA "business associate" of your healthcare provider and may use and disclose such PHI for the sole purpose of providing the Service, as required or permitted by law, and for other limited purposes as described in the "business associate agreement" between us and your healthcare provider intended to ensure that we appropriately safeguard your PHI.
To improve the Service and related features for patients and healthcare providers.
To provide technical support.
To create de-identified information that cannot be used to personally identify you, such as aggregate statistics relating to use of the Service.
To enhance the safety, security, and performance of the Service, including to prevent and detect fraud or other unauthorized or illegal activities.
To enforce these Terms and protect the rights, property, or safety of us or any other person.
To comply with applicable federal, state, and other laws and regulations.
For other purposes for which you have provided consent, where legally required.

We may disclose information about you as follows:

To your healthcare providers in accordance with our role as a business associate.
To third parties pursuant to any consent or authorization that you may provide.
To service providers that help us provide and improve the Service, including in the areas of telecommunications and information security.
To comply with any legal obligation, to enforce these Terms or any other agreement, or to protect the rights, property, or safety of us or third parties.
In the event of a corporate change in control resulting from, for example, a merger, a sale of assets, or bankruptcy or in connection with the evaluation of and entry into such transactions.
With respect to de-identified information, for any purpose without restriction.

User Rules and Responsibilities.

You agree not to use the Service: (i) to impersonate another person or misrepresent your identity; (ii) for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, violates any applicable law, or is not authorized by these Terms; (iii) to attempt to obtain unauthorized access to or interfere with the Service; (iv) to tamper with the Service, our computer systems or security features; (v) to monitor the availability, performance or functionality of the Service for any competitive purpose; or (vi) to attempt to interfere with the proper working of the Service.

Ownership.

As between you and Doximity, Doximity is the sole and exclusive owner of the Service. Subject to your compliance with these Terms, Doximity grants you a limited, revocable, nonexclusive, and nontransferable license to access and use the Service for your personal, non-commercial use.

Information Security.

We employ safeguards designed to protect your personal information; however, no security measure can guarantee security and that your information will not be accessed, disclosed, altered, or destroyed. You should take steps to protect against unauthorized access to your information by, among other things, securing your device with a complex password that nobody else knows or can easily guess. We are not responsible for any compromised passcodes or for any unauthorized access to or use of the Service on your behalf.

You understand that the Service involves the transmission of information through various channels and to various endpoints, some of which are outside of Doximity's systems, e.g., SMS text messages. Information transmitted or accessed outside of our systems may not be encrypted and could be interrupted, intercepted or otherwise accessed by unauthorized third parties. In no event will Doximity have any liability to you or any other person or entity for any such unauthorized access.

Disclaimers and Limitation of Liability.

We make no representation or warranty about the Service, including that it will be uninterrupted, or free from error, defect, interference, viruses, hacking or other security intrusion, or that information you obtain through use of the Service is accurate, complete or error-free. The Service is provided on an "as is" and "as available" basis. To the maximum extent permissible under applicable law, we disclaim any and all implied warranties of any kind, including without limitation implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement.

To the maximum extent permitted by law, in no event will Doximity, its affiliates, or their respective service providers, employees, agents, officers, directors, or shareholders be liable under any legal or equitable theory, whether in tort (including negligence), contract, strict liability or otherwise, for any indirect, punitive, special, incidental, or consequential damages, loss of data, service interruption, device damage, system failure, damages for personal or bodily injury or emotional distress, including death, or any other damages arising out of or in connection with use of (or inability to use) the Service. If you are dissatisfied with the Service, you agree that your sole and exclusive remedy is to discontinue use of the Service.

Governing Law and Disputes.

Please read this section carefully, as it affects your legal rights, including your right to file a lawsuit in court.

The Service is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. These Terms will be governed by the laws of the State of California without regard to conflicts of law principles.

You and Doximity agree that all claims and disputes relating in any way to the Service or relating to these Terms, except for any dispute in which either party seeks equitable relief for the alleged unlawful use of its intellectual property, shall be resolved by binding arbitration, on an individual basis only and not on a class basis, and you expressly waive any right to file a class action or seek relief on a class basis, whether within or outside of arbitration. Unless both you and Doximity agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim or dispute. Please be aware that you are giving up the right to litigate a dispute in court before a judge or jury.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of the arbitration process. Any arbitration between you and Doximity will be administered by JAMS Mediation, Arbitration, and ADR Services in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. Instructions about how to initiate an arbitration and information about the JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com. You agree that any arbitration will take place in San Francisco, California.

You have the right to opt out and not be bound by this arbitration agreement and class-action-waiver by sending written notice of your decision to opt out to the following address: Doximity, Inc., Attn: Legal Department, 500 3rd Street, San Francisco, CA 94107. The notice must be sent within 30 days of after first becoming subject to this arbitration agreement and waiver.

Additional Terms.

These Terms constitute the entire agreement between you and Doximity with respect to the Service. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Our failure to enforce any part of these Terms is not a waiver of the right to later enforce that or any other part of these Terms. We reserve the right to modify these Terms at any time. The date this these Terms were last modified is specified at the top of the page. You are responsible for periodically reviewing these Terms for updates. Your use of the Service will be deemed your agreement to these Terms, including any updates.

If you have any questions about these Terms, please contact us at support@doximity.com.