Terms and Conditions
Terms and Conditions
These Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement between Docty Inc. and you, the individual (“you” and “your”) concerning your access to and use of the various services available through the Websites and the Platforms (as defined below). Access to and use of any of the Websites or Platforms shall be deemed acceptance of the Terms and Conditions set forth herein.
Docty Inc. and do so on its behalf and behalf of its affiliates and/or wholly-owned subsidiaries. (collectively “Docty Inc.”, “we”, “us” or “our”), Docty Inc. provides you and/or makes accessible certain telehealth-related information to you and/or enables access to telemedicine and expertise in medical services (“Docty Inc. Services”). Own and operate various publicly-accessible Websites, including, without limitation, docty.ai and co.docty.ai (collectively, “Websites”); own and operate various web-based and mobile Applications which require the registration of an account to make use of a Docty Inc. Service (collectively, “Platforms”);.
You agree to all these Terms and Conditions by accessing and/or using the Websites and/or the Platforms. You should immediately cease using and accessing all of the Websites and Platforms if you disagree with any one or more of these Terms and Conditions. Please print out a copy of these Terms and Conditions for reference.
CHANGES TO THESE TERMS AND CONDITIONS
Docty Inc. may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Suppose Docty Inc. materially changes these Terms and Conditions. In that case, Docty Inc. will update the Effective Date shown above and post a notice describing the changes to the updated Terms and Conditions on the Websites. When you go to the Platforms, you will see the new Terms and Conditions. Therefore, before continuing access to the Platforms, you agree to the new Terms and Conditions. Except as provided above, if you disagree with the amended Terms and Conditions, you have no other recourse but to stop using the Websites and Platforms and shall be deemed to have terminated these Terms and Conditions. Except as otherwise specified concerning an Effective Date, the new Terms and Conditions shall be effective. By accessing or using the Websites and the Platforms after posting any changes you agree and consent to all such changes.
ACCESS TO THE PLATFORMS
You may access and use the Platforms through remote access connectivity. Docty Inc. hereby grants to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms by these Terms and Conditions. You may be required to register for an account and provide login information, including, without limitation, your username and password to use the Platforms. You will be responsible for keeping any login information you may have chosen or otherwise change or become assigned confidential and shall not disclose such information to anyone. You shall notify Docty Inc. immediately of any unauthorized use of your user account or of any other breach of security of which you become aware involving and relating to the Platforms by e-mail to privacy@ec2-3-133-85-241.us-east-2.compute.amazonaws.com
DOCTY INC.’S ROLE
Docty Inc. is neither an insurance provider nor are we a prescription fulfillment warehouse. Docty Inc. will operate to allow you to have access to, or provide certain telehealth-related information to you and do not, in any manner, provide the actual telemedicine and medical services. Docty Inc. has no association with the healthcare providers who will provide such telemedicine services to you on the Platform and is not liable for their acts and omissions or the content of communications made by them. Docty Inc. does not engage in the practice of medicine or any other health services.
YOUR REPRESENTATIONS AND WARRANTIES
By registering on the Platforms you represent and warrant that: (i) you are at least eighteen years of age, (ii) you have the legal right and capacity to enter into these Terms and Conditions with Docty Inc., (iii) the information you have provided to Docty Inc. in registering is complete and accurate, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party’s use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Docty Inc. or its vendors security measures, (vii) if any information you provide to Docty Inc. becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Docty Inc., (viii) you acknowledge that access to the health services provided through the Platforms are not “insured services” under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not paid in exchange for any undertaking by Docty Inc. or its representatives that such health care services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.
TERMINATION
Termination. Docty Inc. may, in its sole discretion, suspend or terminate your ability to use the Websites and/or Platforms if you violate these Terms and Conditions. You agree that Docty Inc. may do this at any time for any reason, with or without notice, in its sole discretion. Such actions are in addition to any other right or remedy Docty Inc. may have at law. In addition to any of the other rights terminated, Docty Inc. is not liable to you or any third party for termination and discontinuation of the Agreements. You may stop the Terms and Conditions by preventing from accessing and using Websites and Platforms. Upon this or any other termination of these Terms and Conditions, you must immediately stop further use of Websites and Platforms. To the extent permitted by applicable law, the foregoing disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms and Conditions.
PROHIBITED USES
You agree not to represent that you are, or misstate or disguise, either affirmatively or negatively, the facts or circumstances of, your identity, affiliation, or relationship with any person, organization, or other entity in using the Websites and Platforms.
Prohibit or restrict any person from accessing and/or using the Websites and Platforms, divulge any information obtained about a person from the Websites and Platforms, or collect information about users of the Websites and Platforms;
Reverse engineer, disassemble, or decompile any portion or technology on the Websites and Platforms or attempt to do any of the foregoing;
to access, without authorization, the Websites and Platforms, or accounts, names, personally identifiable information, or other information of other users, or other computers or websites linked or connected to the Websites and Platforms;
Launch or use any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
Violate any applicable laws or regulations in any way;
Alter or update any part of the Content or Services available on or through the Websites and Platforms;
Share your account or password with anyone else nor allow anyone else to access or use the Platforms using your registration or login information;
Do anything that could compromise or interfere with the security of Docty Inc. or its authentication processes; and
Help any other person or persons engage in any of the prohibited activities listed above.
INTELLECTUAL PROPERTY RIGHTS AND CONTENT
The Websites and Platforms and all copyright, patent, trademark, trade secret, and other ownership and intellectual property rights in and to the Websites and Platforms and any related materials and documentation shall belong to Docty Inc. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. All rights not explicitly granted hereunder are reserved by Docty Inc. You agree not to alter or remove any copyright or proprietary notice on downloaded materials from the Websites and/or the Platforms.
You may provide input, comments, or suggestions regarding the Websites and Platforms or Docty Inc. Services (“Feedback”). You acknowledge and agree that Docty Inc. can use any Feedback without any obligation to you and you hereby grant Docty Inc. a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as Docty Inc. may deem appropriate, without restriction, for any commercial and/or non-commercial purposes, in its sole discretion.
EXTERNAL LINKS
The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Docty Inc., and Docty Inc. is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Docty Inc. endorses, sponsors, or is affiliated with the linked site. Your linking to any other website is your responsibility and subject to the terms and conditions applicable to such sites; other websites are not governed by these Terms. Docty Inc. makes no and hereby disclaims any liability for any information, including but without limited, to any medical and health treatment information appearing on linked sites.
NO ENDORSEMENTS
Any product, recording, event, process, publication, service, or offering of any third party referred to herein by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by Docty Inc. Any views presented by third parties on the Websites and Platforms are the views of such third party; Docty Inc. in no way represents or warrants the accuracy or veracity of any statement made by such third party.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold Docty Inc., its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors, and suppliers (each a Docty Party and collectively Docty Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including, without limitation, reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access or use of to the Platform and Websites; and (c) provision of other disclosure to Docty Inc. of any other information or data and the use of same by Docty Inc. or other Docty Party as contemplated hereunder.
IN NO EVENT SHALL ANY OF THE DOCTY PARTIES HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Docty Inc. shall not be liable for failure to perform any obligation under this Agreement in circumstances where such failure arises from causes beyond the reasonable control of Docty Inc., including but not limited to mechanical, electronic, or communications failures or deterioration.
The risk allocation evidenced by the terms of these Terms and Conditions constitutes an informed, indeed voluntary, allocation of risk; such allocation forms a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
DISCLAIMER
The Websites and Platforms are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. Insofar as permitted by applicable law, Docty Inc. disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied conditions or warranties of merchantability and fitness for a particular purpose. Docty Inc. disclaims all warranties relating to the Websites and Platforms, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and non-infringement of intellectual property rights. Docty Inc. also does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected, or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.
Docty Inc. makes no representations express or implied, about the adequacy, reliability, safety, timeliness, applicability, or appropriateness of any content. Docty Heath assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Websites and/or Platforms.
In some jurisdictions, applicable law may not allow the exclusion or limitation of implied warranties, so in those jurisdictions, the above exclusion or limitation may not apply to you.
CHILDREN
The Websites and Platforms are not directed to children under 13 years of age. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you warrant to us that you are at least 13 years of age. Docty Inc. does not attempt through the Websites or Platforms to obtain personally identifiable information from or about users of the Websites or Platforms less than 13 years of age without parental consent.
CHOICE OF LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of Connecticut. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any of the provisions of these Terms and Conditions shall be held or declared invalid or unenforceable by any court, or competent jurisdiction, all other provisions hereof shall not be affected thereby and shall remain binding.
In the Terms and Conditions, by “personal information” we mean any information about an identifiable individual. For example, that would include your name, e-mail address or mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms, and any other information that identifies who you are. We will use the personal information we collect from you relating to the Terms and Conditions and Docty Inc.’s Web and Mobile Privacy Policy and otherwise as we have agreed in writing with you.
You agree that Docty Inc. may monitor and review your use of the Websites and the Platforms from time to time and use “cookies”, “log files” and your “browsing data” by the Cookie Policy.
PERSONAL INFORMATION AND PRIVACY POLICY
In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, e-mail address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Docty Inc. will make use of Personal Information only as is permitted by these Terms and Conditions and Docty Inc.’s Web and Mobile Privacy Policy (or as otherwise agreed upon by you and Docty Inc. in writing).
You also agree that Docty Inc. may monitor and review your use of the Websites and Platforms from time to time for this purpose, and use “cookies”, “log files” and your “browsing data” by the Cookie Policy.
WAIVER
No failure or delay by Docty Inc. to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waiver by Docty Inc. shall be effective only in writing and signed by an authorized representative of Docty Inc.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Docty Inc. regarding access to and use of, the Platform and Websites and the matters of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, whether written or oral between Docty Inc. and you.
ELECTRONIC DOCUMENTS
This electronic document, and all other electronic documents referred to or incorporated herein, shall be: (a) for all purposes considered a “writing” or “in writing,” and to satisfy all applicable statutory, contractual, and other legal requirements for writing; and (b) enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice or other communication in electronic format shall be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records created and maintained in printed form.
ASSIGNMENT
These Terms and Conditions are personal to you and cannot be assigned, transferred, or sublicensed by you except with the prior written consent of Docty Inc. Docty Inc. may assign, transfer, and/or delegate any right or obligation under these Terms to anyone at any time without your consent.
LANGUAGE
The English language shall be used for these Terms and the parties waive all right to use and rely on any other language or translation.
CONTACT / NOTICES
For any questions concerning the Terms and Conditions, or to give notice to, or to communicate with Docty Inc. under the Terms and Conditions, contact Docty Inc. at:
Docty Inc., Inc.
Privacy
179 W Rocks, Rd
Norwalk, CT 06851
info@docty.ai
Docty Inc. may provide you with notices or communications concerning the Websites and/or Platforms for which you agree such notice shall constitute notice to you whether or not you access the notice.