Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement between Docty Inc. 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., Inc. and do so on its behalf and on 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”). Docty Inc. owns and operates (i) various publicly-accessible websites, including without limitation, docty.ai, co.docty.ai (collectively, “Websites”), and (ii) various web-based and mobile applications that require you to create an account to use 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. If Docty Inc. materially changes these Terms and Conditions, 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. So, before continuing access to the Platforms, you have to agree with the new Terms and Conditions. Notwithstanding the foregoing, if you disagree with the modified Terms and Conditions, you have no other remedy but to cease making use of the Websites and Platforms and shall be considered to have terminated these Terms and Conditions. Except as otherwise specified concerning an Effective Date, the modified Terms and Conditions shall come into effect. 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 safeguarding any login information you may have chosen or otherwise change or become assigned and must not disclose this information to anyone. You are required to immediately notify Docty Inc. 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 not an insurance provider nor are we a prescription fulfillment warehouse. Docty Inc. will function to enable 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. is not affiliated with healthcare providers who will provide such telemedicine services to you on the Platform and has no responsibility for their acts and omissions or the content of the communications made by them. Docty Inc. neither engages in the practice of medicine nor 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. If you breach these Terms and Conditions, Docty Inc. reserves the right, in its sole discretion, to suspend or terminate your ability to use the Websites and/or Platforms. 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, Docty Inc. shall not be responsible to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any such termination of these Terms and Conditions, you must immediately cease use of the 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

In using the Websites and Platforms, 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.
Refrain or limit any person from gaining access to and/or using the Websites and Platforms, disclose any information regarding an individual obtained from the Websites and Platforms, or obtain information related to the users of the Websites and Platforms;
Reverse engineer, disassemble, or decompile any part or technology on the Websites and Platforms or attempt to do any of the foregoing;
to gain unauthorized access to the Websites and Platforms, other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites linked or connected to the Websites and Platforms;
Launch or use any automated system, including without limitation, “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;
Modify or change any portion 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
Docty Inc. retains the copyrights, patents, trademarks, trade secrets, and all other ownership and intellectual property rights in and to the Websites and Platforms and related material and documentation. No title or ownership right in and to the Websites and Platforms or any portion thereof is transferred to you hereunder. Except as specifically granted herein, all rights are reserved to Docty Inc. You agree not to alter or delete any copyright or proprietary notice as applied to materials downloaded from the Websites and/or Platforms.

You may submit input, comments, or suggestions regarding the Websites and Platforms or Docty Inc. Services (“Feedback”). You hereby grant Docty Inc. a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use any such Feedback as Docty Inc. may deem appropriate, without restriction, for any commercial and/or non-commercial purposes, in its sole discretion.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT

Docty Inc. is the sole and exclusive owner of the Websites and Platforms, including any 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. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Docty Inc. reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or 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. may 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 and all 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 allocation of risk 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. To the fullest extent permissible under 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.

Applicable law may not allow the exclusion or limitation of implied warranties, so in some 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 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 that 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. Personal Information will be used by Docty Inc. solely in accordance with these Terms and Conditions, and Docty Inc.’s Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Docty Inc. in writing).

You agree that Docty Inc. has the right to monitor and review your use of the Websites and Platforms from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with 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. must be in writing and signed by an authorized representative of Docty Inc.

ENTIRE AGREEMENT

These Terms and Conditions embody the whole agreement between you and Docty Inc. relating to 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 are not assignable, transferable, or sublicensable by you except with Docty Inc.’s prior written consent. Docty Inc. may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
LANGUAGE
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
CONTACT / NOTICES
For any questions about 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 give you notices or communications regarding the Websites and/or Platforms for which you agree such notice shall constitute notice to you whether or not you access the notice.