Effective Date: November 17, 2023
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, relevance of education materials that may be shared with you, 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. 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 and how often you choose to reply to your Provider through the Service. 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.
We collect information about you and your use of the Service including:
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:
We may disclose information about you as follows:
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.
As between you and Doximity, Doximity is the sole an 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.
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.
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.
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.
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 firstname.lastname@example.org.