Terms of Service

Quick Summary

We've summarized some points below for your convenience. By using any of the Services, you're agreeing to ALL the Terms that follow this summary, not just these highlights. The Services include the AI Tool, Telehealth Services, and, for users in Utah, the Utah Renewal Service; each service is additionally subject to the service-specific article identified below.

What Doctronic Is

  • Our AI Tool is a health information and communication tool that can help you prepare to communicate with a physician; it is not a physician and is not a replacement for medical care.

  • The AI Tool is free to use. Telehealth Services and the Utah Renewal Service are subject to the availability and fee terms described in Articles III and IV

  • The AI Tool, Telehealth Services, and the Utah Renewal Service are not, individually or collectively, a substitute for an ongoing relationship with a primary care physician or specialist.

  • Our affiliated professional entities, Doctronic Physicians Group, P.C.; Doctronic Physicians Group KS, P.A.; Doctronic Physicians Group WY, P.C.; Doctronic Physicians Group, P.A.; Doctronic Physicians Group NJ Professional Corporation; Summer Health Medical Group, P.A.; and J.M. Medical Practice, P.C. (collectively, "DPG"), provide Telehealth Services through licensed physicians (each a "DPG Physician" and collectively, "DPG Physicians").

What Doctronic Is NOT

  • NOT for emergencies of any sort: call 911 for any medical emergency.

  • NOT for mental health crises, thoughts of suicide or self-harm, or thoughts of violence. If there is immediate danger, call 911, the National Suicide Prevention Lifeline at 988 (US), text HOME to 741741 to reach the Crisis Text Line or your local emergency services.

  • NOT for pediatric emergencies, pregnancy complications, or complex specialist conditions. Telehealth Services and the Utah Renewal Service may not be appropriate for every condition, and a DPG Physician may recommend in-person or other follow-up care.

Your Rights & Responsibilities

  • Telehealth Services may be refundable if you're not satisfied, subject to the insurance-paid visit exception and the refund terms in Article III.

  • By using Doctronic, you agree to arbitration instead of court for disputes, subject to the exceptions and non-waivable rights described in Article I, Section 11.

  • We're a US-based service, and our Services are intended for individuals who reside in the US or any of its territories.

Privacy & Data

  • We take your privacy seriously and handle information under our Privacy Policy and applicable privacy laws.

  • If you have a user account, you can request data deletion by emailing: support@doctronic.ai.

  • For residents in Illinois and Nevada, our AI Tool is unable to provide information or respond to inquiries that raise mental, emotional, or behavioral health concerns. In these cases, our Telehealth Services through DPG are still accessible.

The Terms of Service

Welcome to the Terms of Service (these "Terms") for (a) the website, www.doctronic.ai (the "Website"); (b) the related mobile applications (the "App"); (c) the related text-message services operated on behalf of Doctronic, Inc. ("Company," "we," or "us"); (d) the automated health information and communication tool (the "AI Tool"); (e) access to paid telehealth consultations with DPG Physicians (the "Telehealth Services"); and (f) for users residing in Utah, the AI-assisted, physician-authorized prescription renewal service (the "Utah Renewal Service"). Services (a) through (f) and any content, tools, features, and functionality offered on or through them are collectively referred to as the "Services."

These Terms govern your access to and use of the Services. By accessing and/or using the Services, you are agreeing to these Terms.

  • Article I contains terms that apply generally to all Services.

  • Article II contains terms specifically governing the AI Tool.

  • Article III contains terms specifically governing the Telehealth Services.

  • Article IV contains terms specifically governing the Utah Renewal Service.

Please read these Terms carefully. If you do not understand or agree to these Terms, please do not use the Services. If a service-specific provision conflicts with a general provision, the service-specific provision controls for that service.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Article I, Section 11 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exceptions) related to the Company's Services and/or products through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth in Article I, Section 11. You have the right to opt out of the arbitration clause and the class action waiver as explained in Article I, Section 11.

Article I. GENERAL TERMS OF SERVICE

Who May Use the Services

You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements. The Services are not intended for emergencies, pediatric emergencies, or serious pediatric health concerns. Parents or guardians must consult with a qualified pediatrician for any health concerns related to children.

User Accounts

Creating and Safeguarding your Account

To use certain of the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the Website or via email to support@doctronic.ai. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us via email at support@doctronic.ai if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed you, or we previously banned you from any of our Services, unless we provide written consent otherwise.

Orders for Products and/or Services

Payment

The Services may permit you to purchase certain other products or services through the Services, including telehealth services or other products or services of third parties that are offered through the Services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the "Full Purchase Amount"), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. The Services may allow you to purchase Offerings and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Offering. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.

Promotional Codes

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

Changes and Pricing

The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error.

Order Acceptance

Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount.

Refund Policy

Refunds for Telehealth Services are governed exclusively by Article III, Section 12. Except as expressly stated there or elsewhere in these Terms, payments for products and other Offerings are nonrefundable.

Third-Party Offerings Warranty Disclaimers

This Section 3.6 does not apply to the Telehealth Services or the Utah Renewal Service (see Articles III and IV).

Certain Offerings made available through the Services, other than the Telehealth Services and Utah Renewal Service, are provided by third parties ("Third-Party Offerings"). Accordingly, we do not provide any warranties with respect to Third-Party Offerings. Third-Party Offerings provided by individuals in the medical field do not create a medical professional-patient relationship between you and the Company, and any Output from those Offerings is provided for informational purposes only and is not medical opinion, advice, diagnosis, or treatment.

No Offerings to Children

In furtherance of our policy of not collecting personal information from persons under the age of 18, users are not allowed to give the Company the personal information of any persons under the age of 18 for any reason.

Privacy Policy

Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.doctronic.ai/privacy-policy, our HIPAA Notice of Privacy Practices located at https://www.doctronic.ai/hipaa-privacy, our TEFCA Privacy and Security Notice located at https://www.doctronic.ai/tefca-privacy, and our Consumer Health Data Privacy Policy located at https://www.doctronic.ai/consumer-health-privacy.

Rights We Grant You

Right to Use Services

We hereby permit you to use the Services for your personal noncommercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, non-assignable, nonsublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the

Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so.

  1. Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

  2. Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

  3. Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

  4. Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

  5. Exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation or exploiting the Services to develop products, models or services that compete with the Services;

  6. Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;

  7. Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

  8. Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

  9. Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, "mines," scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

  10. Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

  11. Upload, submit, create, transmit, display, perform, post or store any content that is deceptive, fraudulent, unethical, biased, unlawful, threatening, libelous, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, discriminatory, hateful, or cruel, or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive or pornographic or that incites, organizes, promotes or facilitates violence or criminal activities;

  12. Provide false or incorrect information to the Services;

  13. Violate any applicable law or regulation in connection with your access to or use of the Services; or

  14. Access or use the Services in any way not expressly permitted by these Terms.

The restrictions in this Section 5.2 apply to all Services. Additional restrictions that apply only to the AI Tool are set out in Article II and do not restrict receipt of care through Articles III or IV.

Use of the App

You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you in connection with the App ("Push Messages"). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging, and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

Mobile Software from the Apple App Store

The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Beta Offerings

From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services ("Beta Offerings") as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an "as is" basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

Ownership and Content

Ownership of the Services

The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, including any text or other content generated by the Services (the "Output"), are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.

Ownership of Trademarks

The Company's name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Ownership of Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Your Content License Grant

In connection with your use of the Services, you may be able to chat, post, upload, or submit content to be made available through the Services, including your medical information and medical questions ("Your Content"). In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify and create derivative works of Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sublicensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You also grant us the right to de-identify and aggregate Your Content and to use such de-identified or aggregated data for any lawful purpose, including to develop, improve, and validate the Services, provided such data does not identify you. Notwithstanding the foregoing, for information collected through your use of the Utah Renewal Service, the data use restrictions in Article IV, Section 5 apply and supersede this Section 6.4 to the extent of any conflict, and for protected health information ("PHI") collected via your use of the Telehealth Services, the HIPAA Notice of Privacy Practices applies and supersedes this Section 6.4 to the extent of any conflict.

Notice of Infringement - DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

  1. Identification of the copyrighted work that is claimed to be infringed;

  2. Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

  3. Information for our copyright agent to contact you, such as an address, telephone number and email address;

  4. A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

  5. A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

  6. The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by email to support@doctronic.ai. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by Sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

Third-Party Services and Materials

Use of Third-Party Materials in the Services

Certain Services may display, include, or make available content, data, information, applications, or materials from third parties ("Third-Party Materials") or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

Indemnification

To the extent permitted by applicable law, by entering into these Terms and accessing or using the Services, you agree to defend, indemnify, and hold the Company harmless from and against claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (a) your material violation or breach of these Terms or applicable law; (b) your violation of any rights of a third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. This indemnity does not apply to claims arising from the Telehealth Services or Utah Renewal Service, including professional negligence, malpractice, errors in the AI-assisted renewal process, negligent design or operation of the Company's technology, or other liability attributable to the Company, except to the extent a claim arises from your knowing or intentional provision of false or materially incomplete information or your material breach of these Terms. It also does not require you to indemnify the Company for its own negligence, willful misconduct, violation of law, or breach of these Terms. If you are obligated to indemnify the Company, the Company will promptly notify you and may control the defense and settlement of the claim, but may not settle any claim imposing liability or an admission on you without your prior written consent, not to be unreasonably withheld.

Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES OR OFFERINGS GIVING RISE TO THE CLAIM. FOR CLAIMS ARISING FROM OR RELATING TO THE TELEHEALTH SERVICES OR THE UTAH RENEWAL SERVICE, THE FOREGOING MONETARY CAP DOES NOT APPLY; INSTEAD, THE COMPANY'S AGGREGATE LIABILITY FOR SUCH CLAIMS SHALL NOT EXCEED THE LIMITS OF THE APPLICABLE PROFESSIONAL AND TECHNOLOGY LIABILITY INSURANCE MAINTAINED BY THE COMPANY OR DPG, AS APPLICABLE, FOR SUCH SERVICES. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

General Disclaimers

The laws of certain jurisdictions, including the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you, and you may have additional rights.

To the extent not otherwise addressed in Articles II, III, or IV, the Company takes no responsibility and assume no liability for content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through the Services. This provision does not limit liability or remedies that cannot be limited under applicable law or liability arising from the Telehealth Services or Utah Renewal Service.

The Company does not represent or warrant that any Output does not incorporate, infringe, or misappropriate the intellectual-property or proprietary rights of a third party. You acknowledge that the Services leverage third-party services and the Company is not responsible for third-party services except to the extent liability cannot be limited under applicable law or is expressly addressed in Articles III or IV. You are responsible for your use of the Services and any Output, subject to the service-specific terms.

You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which the Company will be responsible for except as otherwise provided by applicable law or the service-specific articles.

Arbitration and Class Action Waiver

Please read this section carefully--it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.

Informal Process First

You and the Company agree that, in the event of any dispute between you and the Company, either party will first contact the other party and make a good-faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action, after first allowing the receiving party thirty (30) days to respond. This dispute-resolution procedure is a condition precedent that must be satisfied before initiating arbitration.

Arbitration Agreement and Class Action Waiver

After the informal dispute-resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to the Company's services and/or products, including the Services and any use, access, or lack of access thereto, will be resolved by final and binding individual arbitration, including threshold questions of arbitrability, in English, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Exceptions

Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction

  1. Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

  2. Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or

  3. Intellectual property disputes

Costs of Arbitration

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below)

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure Il(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the

Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits

Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to Doctronic Arbitration Opt-out, 2948 16th ST, STE 200-6, San Francisco, CA 94103. The notice must be sent to the Company within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

Waiver of Right to Bring Class Actions and Representative Claims

To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve a Claim will be brought and conducted only in the respective party's individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding ("Class Action"). You and the Company agree to waive the right to participate as a Plaintiff or class member in any Class Action. You and the Company expressly waive any ability to maintain a Class Action in any forum. If the dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct a Class Action, or make an award to any person or entity not a party to the arbitration. Further, you and the Company agree that the arbitrator may not consolidate proceedings for more than one person's claims, and it may not otherwise preside over any form of a Class Action. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the exceptions clause above.

If this Class Action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties' agreement to arbitrate shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a Class Action. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Additional Provisions

Communications; Consent for Treatment-Related Messages

Treatment-Related Communications. By providing your email address, phone number, or enabling push notifications, you authorize the Company and DPG to send you treatment-related communications containing your health information / protected health information ("PHI") via email, SMS/text message, and mobile app push notifications. Treatment-related communications include, but are not limited to: appointment confirmations, reminders, and cancellations; medication follow-ups and renewal notifications; care coordination messages; clinical summaries and follow-up instructions; and other communications directly related to your treatment or care

Acknowledgment of Risk. You acknowledge and agree that email, SMS/text message, and push notification channels are not encrypted end-to-end and that PHI transmitted via these channels may be intercepted by third parties in transit. You accept this risk and authorize the Company and DPG to use these channels for treatment-related communications notwithstanding this risk

Excluded Categories. Neither the Company nor DPG will send the following categories of information via email, SMS, or push notification: HIV/AIDS status, substance abuse treatment records, psychotherapy notes, reproductive health information, or genetic test results

Marketing Communications. Separately from treatment-related communications, the Company or DPG may send promotional and marketing messages. You may opt out of marketing messages at any time by texting "STOP" to +18334543519 or by clicking the unsubscribe link in the applicable message. Opting out of marketing messages does not affect treatment-related communications

Revocation. You may revoke your authorization for treatment-related communications at any time by emailing privacy@doctronic.ai

Revocation will be effective within a reasonable period after receipt. You understand that revoking this authorization may affect the Company's and DPG ability to coordinate your care, send appointment reminders, or provide medication follow-ups. Revocation does not apply to communications already sent prior to the effective date of revocation.

For full details on how the Company and DPG handle treatment-related communications and your PHI, see the "Treatment-Related Communications" section of our Privacy Policy at https://www.doctronic.ai/privacy-policy and HIPAA Notice of Privacy Practices.

Updating These Terms

We may modify these Terms from time to time, in which case we will update the "Updated" date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by email and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

Termination of License and Your Account

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically and no refunds will be provided. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. If the Company detects that you have attempted to regain access to the Services in breach of this Section 12.3, the Company reserves the right to immediately terminate your account without notice and take any necessary measures to enforce this restriction, including tracking and blocking related accounts or IP addresses. In the event of Account deletion, the Company may delete Your Content that is not a clinical or prescription-renewal record, but will retain clinical records and other information that it is required to maintain under applicable law or Articles III and IV.

Notwithstanding the foregoing, the Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company's other rights or remedies at law or in equity. Any user who has been banned or had their access to the Services revoked for violating these Terms is permanently prohibited from using the Service in any capacity, including but not limited to creating a new account under a different email address, using an alternate identity, or accessing the Service anonymously. The Company's systems may automatically detect violations and take appropriate action, including but not limited to conversation termination, account suspension, or permanent account deletion. The Company reserves the right to determine, at its sole discretion, what constitutes a violation of these Terms.

Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code S 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Telehealth Regulations and Geographic Limitations

The Company and DPG may be subject to telehealth or telemedicine regulations that differ by jurisdiction. You acknowledge that the ability of the Company and DPG to provide the Services may be limited by the laws or regulations of your jurisdiction. You agree that it is your responsibility to ensure that your use of the Services complies with all applicable laws in your jurisdiction. Neither the Company nor DPG makes representation that the Service is appropriate or available for use in locations outside the United States or in all states within the United States. The Services are primarily designed and intended for use by individuals located in the United States. While access to the Services may be available outside the United States, neither the Company nor DPG make any representations or warranties that the Service is appropriate or available for use in other jurisdictions. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with all local laws, regulations, and healthcare standards in your jurisdiction. Neither the Company nor DPG can guarantee that use of the Service complies with healthcare regulations, data protection laws, or telemedicine requirements outside of the United States. If you access the Services from outside the United States, you acknowledge and accept full responsibility for determining whether your use of the Services is legal and appropriate in your jurisdiction.

International users acknowledge and accept full responsibility for determining whether their use of the Services is legal and appropriate in their location. Users accessing the Services from outside the United States do so at their own risk and are responsible for compliance with all local laws, regulations, and healthcare standards in their jurisdiction.

U.S. Government Restricted Rights

The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. § 52.101, consisting of "Commercial Computer Software" and "Commercial Computer Software

Documentation", as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Export Laws

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury

Department's list of Specially Designated Nationals or the U.S.

Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

Force Majeure

The Company will not be liable for any failure to perform due to causes beyond its reasonable control, including acts of God, war, strikes, or shortages of materials.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersede all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Article I Section 11, or if arbitration does not apply, then the state and federal courts located in New York, New York. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

How to Contact Us

You may contact us regarding the Services or these Terms at: Doctronic Terms of Service, 2948 16th ST, STE 200-6, San Francisco, CA 94103 or by contacting us at support@doctronic.ai.

Mobile Terms of Service

Mobile Service

The Company mobile message service (the "Mobile Service") is operated by the Company. Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

Message Categories and Consent

By consenting to the Company's SMS/text messaging Mobile Service, you agree to receive recurring SMS/text messages from and on behalf of the Company through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Messages fall into the following categories:

  1. Treatment-related and transactional messages, including appointment confirmations, reminders, cancellations, rescheduling notifications, medication follow-ups, care coordination, and other communications directly related to your treatment. You may revoke authorization for treatment-related messages by emailing privacy@doctronic.ai.

  2. Service-related messages, including account updates, alerts, and operational notifications (e.g., order updates, account alerts). These are transactional in nature and are sent as needed to operate the Services.

  3. Promotional and marketing messages, including promotions, specials, and other marketing offers (e.g., cart reminders). Consent for promotional messages is obtained separately via a distinct opt-in at the point of phone number collection and is not a condition of receiving treatment-related or transactional messages. You may opt out of promotional messages at any time.

Voluntary Participation

You understand that you do not have to sign up to receive Mobile Services in order to make any purchases, and your consent is not a condition of any purchase with the Company. Your participation in this program is completely voluntary.

Charges and Fees

We do not charge for the Mobile Services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Opt-Out

You may opt-out of the Mobile Services at any time. Text the single keyword command STOP to +18334543519 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time optout confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

Assistance, Changes, Liability, and Privacy

For Mobile Service support or assistance, text HELP to +18334543519 or email hello@doctronic.ai.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy located at https://www.doctronic.ai/privacy-policy.

ARTICLE II: AI TOOL TERMS OF SERVICE

This Article II applies only to the AI Tool, which is a health information and communication tool. It does not apply to the Telehealth Services or the Utah Renewal Service, which are governed by Articles III and IV.

AI Tool Use Restrictions

The following restrictions apply only to your use of the AI Tool, unless applicable law prohibits a restriction or the Company gives you written permission.

  1. Use of any part of the AI Tool, including its Output, as input for a machine-learning or artificial-intelligence technology not provided by the Company, or use of the AI Tool or its Output as part of a dataset for training, fine-tuning, developing, testing, or improving another machine-learning or artificial-intelligence technology is prohibited.

  2. Do not rely on the AI Tool without promptly reviewing Your Content and any Output with a physician or other qualified healthcare provider, and do not rely on the AI Tool contrary to the authorization or advice of your physician.

  3. Do not use the AI Tool for a medical emergency or for current or past thoughts or intentions of suicide, self-harm, harming others, or violence; a history of psychiatric issues or mental-health crises; acute or rapidly worsening symptoms that may indicate a life-threatening condition; injuries, bleeding, loss of consciousness, difficulty breathing, chest pain, or suspected stroke.

The Service may automatically detect potential breaches of these restrictions and automatically terminate the conversation and direct you to appropriate emergency resources. If you are experiencing thoughts of suicide or self-harm, please contact the National Suicide Prevention Lifeline at 988 (US), or text HOME to 741741 to reach the Crisis Text Line. If you are experiencing a medical emergency, contact your local emergency services (such as 911) or visit your nearest emergency room immediately.

Pregnancy-Related Restrictions

You may not use the AI Tool for emergency pregnancy concerns, labor and delivery questions, or pregnancy complications. If you have a pregnancy-related concern, please consult directly with your obstetrician, midwife, or other qualified healthcare provider.

Specialized Medical Conditions-Related Restrictions

You may not use the AI Tool to manage specialized or complex medical conditions that typically require specialist care, including: cancer and oncology care; neurological disorders; autoimmune diseases; or rare diseases or genetic disorders. Please consult an appropriate specialist for these conditions.

Recommendation to Have a Primary Care Physician

Users of the AI Tool may use it only to help communicate with a physician and not as a substitute for care from a licensed clinician. We recommend maintaining a relationship with a primary care physician and promptly reviewing information from the AI Tool with a clinician. Users agree that all information they provide to the AI Tool is true and accurate.

Mental Health Restrictions in Certain States Including Illinois and Nevada

If you are located in Illinois or Nevada, the AI Tool does not provide therapy, psychotherapy, or mental, emotional, or behavioral-health treatment or counseling, and you agree not to use it for those purposes. This restriction reflects state requirements for AI in behavioral health; it is not a judgment about the importance of these concerns. If you have a mental, emotional, or behavioral-health concern, please contact a licensed professional authorized in your state. Telehealth Services may remain available through a licensed DPG Physician.

AI Tool Disclaimers

The disclaimers in this Section 6 apply only to the AI Tool and do not apply to the Telehealth Services or Utah Renewal Service.

Your access to and use of the AI Tool are at your own risk. You understand and agree that the AI Tool is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted under applicable law, the Company disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement, and disclaim responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the AI Tool or its Output; harm to your computer system or loss of data resulting from your use of the AI Tool; operation or compatibility with another application, system, or device; whether the AI Tool will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and deletion of, or failure to store or transmit, Your Content. The AI Tool relies on artificial-intelligence models - given the probabilistic nature of artificial intelligence, the AI Tool may in some situations produce Output that is incomplete, inaccurate, incorrect, offensive, biased, pandering or otherwise undesirable. The accuracy, quality and compliance with applicable law of the Output is dependent upon and commensurate with that of the input provided and your compliance with these Terms. NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, THE COMPANY WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER, PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM ANY USER CONTENT, INPUT IN TO THE AI TOOL OF THE SERVICES, THE OUTPUT, OR THEIR USE.

The AI Tool provides general health information and is intended to help you communicate with a physician. Relying on AI Output without verification from a qualified healthcare provider could lead to harmful outcomes and the AI Tool and Output are not substitutes for the judgment of a physician or other qualified healthcare provider. You should verify information from the AI Tool with your physician or another qualified healthcare provider, including information relating to diagnoses, treatments, and medications.

The Company does not provide medical advice through the AI Tool, and the AI Tool is not a physician or qualified medical professional. The AI Tool is not intended to constitute medical advice, instruction, diagnosis, treatment, or care. Always seek the advice of your physician or another qualified healthcare provider regarding any Output.

With respect to the AI Tool, you are responsible for following up with licensed healthcare providers regarding information provided; delay in seeking proper medical care based on AI Output could result in serious harm; the AI Tool is not a substitute for in-person medical evaluation when needed; you will not use the AI Tool as your sole source of medical information; and you will not make significant health decisions based solely on AI Output.

AI Tool Relationship with Physicians

The AI Tool does not create a physician-patient relationship and does not constitute the practice of medicine. It is intended only to provide health information and help you communicate with a physician. Nothing in this Article II limits or changes the physician-patient relationship established through Telehealth Services or the Utah Renewal Service, which are governed by Articles III and IV.

ARTICLE III: TELEHEALTH SERVICES TERMS OF SERVICE

Telehealth Services

DPG provides paid telehealth consultations with DPG Physicians licensed in your state. When you receive a Telehealth Service, a physician-patient relationship is established with the treating DPG Physician, and care is provided in accordance with applicable professional standards. The Company provides the technology platform and administrative support; it is not the treating provider and by access and use of the Telehealth Services does not create a patient-provider relationship between you and the Company. See Article III, Section 13 for information about health information exchange records.

Consent to Treat

By requesting or using Telehealth Services, you give permission to the applicable DPG professional entity ("Affiliated Practice") and DPG Physicians ("Affiliated Professionals") to provide telehealth services to you. You may withdraw this consent by ceasing to use the Telehealth Services, but withdrawal does not affect care already provided or records, including medical records, that must be maintained under applicable law.

By requesting an appointment with a DPG Physician through the Services, you affirmatively consent to the provision of treatment by that DPG Physician, including any examination, testing, or procedures that the DPG Physician determines to be clinically appropriate during the Telehealth Services.

Company as Technology Platform

The Company acts as a technology platform that connects you with DPG and DPG Physicians and provides technology, access and administrative support for Telehealth Services. The Company does not control or interfere with the practice of medicine or other licensed professional services by DPG or any DPG Physician. DPG and the applicable DPG Physician are solely responsible for the medical care and treatment they provide. The provider-patient relationship is between you and the applicable DPG Physician, not the Company.

Provider Licensing and Qualifications

All DPG Physicians providing Telehealth Services through the Services hold applicable licenses or certifications issued by the professional licensing or certification board in the state where you receive the Telehealth Services. You are responsible for honestly disclosing to your DPG Physician your state of residence or location when receiving Telehealth Services (if not your state of residence) to ensure the appropriately licensed DPG Physician is providing care to you. You acknowledge that DPG Physicians may be engaged by DPG or another medical practice affiliated with DPG and/or the Company, and that the Company and DPG or an affiliated professional entity may have a financial interest in one another. That affiliation does not change the applicable physician's independent clinical responsibilities.

What Is Telehealth

Telehealth, telemedicine, and virtual care generally refer to healthcare services provided to a patient in one location by a healthcare professional in another location through telecommunications technology, including synchronous audio-video interfaces and asynchronous store-and-forward modalities. Telehealth may involve electronic transmission of medical records, images, PHI, or other data between you and a healthcare provider, and information exchanged may be used for diagnosis, treatment, follow-up care, consultation, education, care management, or self-management.

Risks of Telehealth

As with other healthcare services, telehealth involves risks, including:

  1. Information available to the DPG Physician may be incomplete or insufficient for a correct diagnosis or other professional decision, including because a complete medical record or information available only through an in-person physical examination may not be available.

  2. Technical failures, device failures, internet interruptions, or power outages may delay or disrupt communications and interfere with care.

  3. Although the electronic systems used for the Services incorporate security protocols and encryption designed to protect health information, those protections may fail and internet transmissions are not completely secure.

  4. Applicable law, the DPG Physician, or the DPG professional entity may determine that an in-person evaluation, procedure, specialist, or other provider is necessary.

  5. Telehealth may involve risks that have not yet been identified.

You may obtain conventional, in-person care instead of or in addition to accessing Telehealth Services.

Complaints and Reporting

You may report a complaint about Telehealth Services or a DPG Physician to the professional licensing board in the state where you received care or to the Company at support@doctronic.ai. In a provider-patient relationship, sexual intimacy is never appropriate and should be reported to the applicable professional licensing board. Nothing in this Section limits any reporting right or remedy available under applicable law.

Clinical Records

Clinical records created through Telehealth Services will be securely maintained by the Company, DPG, and/or their service providers on behalf of the applicable DPG professional entity and DPG Physician in compliance with applicable state and federal law, for no less than the minimum period required by applicable law.

Insurance and Billing

Telehealth Services may be covered in whole or in part by a health insurance plan or other payor. The applicable DPG professional entity may or may not be in-network for your health insurance plan. If you elect to use insurance or another payor benefit, you authorize and direct the applicable plan or payor to pay the Company or DPG for care provided to you (an "Assignment of Benefits"), agree to sign any additional forms needed to confirm that assignment, and authorize the Company and DPG to release relevant healthcare information necessary to receive payment. You remain responsible for all co-payments, co-insurance, deductibles, and amounts not covered by your plan or payor, including because a DPG professional entity was out-of-network with your health insurance plan. You may revoke an authorization to release health information for payment by emailing privacy@doctronic.ai, subject to applicable law and any payment already processed.

Limited Use and Availability

Telehealth Services are subject to state regulations and may be unavailable or change as regulatory requirements change. Telehealth may not be the most appropriate way to address every condition or concern. Certain conditions may require an in-person procedure, a specialist, or another healthcare provider, and a DPG Physician may determine that your needs cannot be appropriately addressed through the Telehealth Services. In that event, you may be told that the Telehealth Services are not available for the concern presented and may receive information about alternative next steps. Telehealth Services are not designed for emergencies; call 911 or go to the nearest emergency room for emergency care.

Primary Care and Follow-Up

Telehealth Services should not replace your in-person primary care provider or other healthcare providers and may not create an ongoing or appropriate treatment relationship. You should seek follow-up or emergency care as needed or recommended by a DPG Physician and continue to consult your primary care provider and other healthcare providers as recommended. Unexpected events may disrupt electronic communications or delay contact with you.

Refund Policy

If you are not satisfied with a Telehealth Service, contact us at support@doctronic.ai for a full refund of the applicable appointment. We cannot provide a refund for an appointment paid for by a health insurance plan or other insurance provider. Contact our support team regarding billing disputes or payment concerns before initiating a chargeback or payment dispute, and allow us seven (7) business days to investigate and respond before pursuing a chargeback. Failure to follow this process may result in termination of your Account or associated Services at our discretion.

Health Information Exchange Records

By booking a Telehealth Services video visit, you authorize DPG, and your treating DPG Physician to retrieve relevant medical records through health information exchange networks for treatment and care coordination. The Company participates in the Trusted Exchange Framework and Common Agreement ("TEFCA"), which is a nationwide framework for health information sharing. For more information about our TEFCA practices, please see our TEFCA Privacy and Security Notice. The Company has also signed onto the CARIN Alliance Code of Conduct for consumer-facing health applications.

Use of AI in Clinical Services & Texas AI Disclosure

DPG Physicians may utilize AI Tool Output in making diagnostic or treatment recommendations. Any such use is subject to applicable state and federal law, including Texas Health & Safety Code § 183.005. Consistent with Texas Health & Safety Code § 183.005(a), DPG Physicians will review AI Tool Output in a manner consistent with medical-record standards developed by the Texas Medical Board. DPG Physicians retain ultimate clinical responsibility for all diagnoses and treatment decisions, regardless of review of AI Tool Output. This Section: constitutes disclosure of the use of artificial intelligence for diagnostic purposes by DPG Physicians as required under Tex. Health & Safety Code § 183.005(b); constitutes disclosure under Tex. Bus. & Com. Code § 552.051 of the use of artificial intelligence in relation to healthcare services or treatment; and is intended to satisfy disclosure obligations under any applicable state laws governing the use of artificial intelligence in healthcare that are not specifically identified elsewhere in these Terms.

ARTICLE IV: UTAH PRESCRIPTION RENEWAL SERVICE TERMS OF SERVICE

Utah Renewal Service

For users residing in Utah, the Company offers an AI-assisted prescription renewal service operated under the Company's regulatory mitigation agreement with the Utah Office of Artificial Intelligence Policy ("OAIP") and the Utah Division of Professional Licensing. Renewals are issued under appropriately licensed DPG Physicians as named prescribers, whether or not that physician reviews an individual renewal. Automated tools may gather and organize clinical information and authorize an eligible renewal under that physician's protocol.

A physician-patient relationship is established between you and the DPG Physician of record for the Utah Renewal Service, and each renewal constitutes the practice of medicine by that physician. The AI Tool disclaimers and AI-only liability limitation in Article II do not apply to the Utah Renewal Service. The Utah Renewal Service is available only when both you and the dispensing pharmacy are located in Utah.

The Company's AI technology used in the Utah Renewal Service adheres to the requirements applicable to telehealth providers under Utah Code § 26B-4-704, as modified by the Company's regulatory mitigation agreement with OAIP and the Utah Division of Professional Licensing.

Authorization by State of Utah

The Utah Renewal Service operates under a preliminary, temporary, and revocable regulatory mitigation agreement and sandbox authorization administered by OAIP. This authorization is limited to the approved pilot scope, is not a permanent license or approval of the service, may be modified or terminated, and does not constitute an endorsement or approval by the State of Utah or any political subdivision.

AI Disclosure and Acknowledgment

Before you may access any Utah Renewal Service function, the Company will disclose to you via automated prompt: (a) the name and contact information of the Company; (b) that you are interacting with generative artificial intelligence and not a human, pursuant to Utah Code § 13-77-103; (c) a link to these Terms detailing the precise manner, means, and extent in which your data and information, including all correspondence with the Company's AI technology, will be used and shared by the Company; and (d) a link through which you may contact OAIP to provide feedback or file a complaint regarding the use of the AI technology.

In order to use the Utah Renewal Service, you must agree to these Terms by affirmatively selecting "I agree" on the automated disclosure prompt. By doing so, you affirmatively acknowledge that you have these disclosures prior to accessing any functions of the Utah Renewal Service. By use of the Utah Renewal Service, you further acknowledge that the service operates under a regulatory mitigation agreement with and sandbox authorization from OAIP. The regulatory mitigation agreement and sandbox participation do not constitute an endorsement or approval by the State of Utah or any political subdivision.

Complaints to OAIP

You may contact OAIP to provide feedback or file a complaint regarding the use of the AI technology in the Utah Renewal Service. Contact OAIP at ai@utah.gov or use the then-current phone number or website complaint channel identified by OAIP. You may also contact the Company at support@doctronic.ai. Nothing in this Section limits any complaint, reporting right, or remedy available under applicable law.

Data Use Restrictions

The Company will not sell, use, or disclose information from your use of the Utah Renewal Service for advertising, marketing, or any other commercial purpose, regardless of whether the information is deidentified or anonymized.

Formulary and Scope Limitations

The Utah Renewal Service is limited to renewals of existing, non-controlled medications that are listed on the approved Utah formulary. It cannot initiate a new prescription, start a new medication, change a medication, change the dose, frequency, or treatment plan, or renew a controlled substance. Renewals may be issued only for the permitted renewal period and the number of renewals allowed for a medication under accepted standards of care, including any required surveillance laboratory testing or an in-person or telehealth visit. The approved formulary and applicable eligibility criteria control the scope of the service.

Identity and Prescription Verification

Before using the Utah Renewal Service, you must create an Account and complete identity verification as well as prescription verification. Prescription verification may require a photograph of your current prescription label or pill bottle showing the medication name, dosage, and prescribing information. If identity or prescription information cannot be verified, the request may be declined or referred to support or a licensed physician.

Escalation and Physician Review

You may request review by a Utah-licensed DPG Physician at any point in the renewal process. A pharmacist may escalate any AI-assisted renewal to a Utah-licensed DPG Physician when clinical concerns arise. The system may automatically escalate a request when it detects a newer or conflicting prescription record, a different dose or schedule, incomplete or inconsistent information, clinical complexity outside established guidelines, a possible allergy, contraindication, drug interaction, adverse drug problem, change in health status, or another safety threshold. An escalated case will be reviewed by a Utah-licensed DPG Physician, who may approve or decline the renewal, request additional information, or direct you to in-person or telehealth care. The automated system will not limit a physician's clinical judgment or a pharmacist's authority to seek review.

All AI-generated prescription renewals issued through the Utah Renewal Service will be clearly identified to the dispensing pharmacist as originating from an AI-assisted system. The dispensing pharmacist retains full authority to escalate any AI-assisted renewal to a Utah-licensed DPG Physician if clinical concerns arise, and the Company will provide pharmacists with a method to communicate such escalations directly to the DPG Physician.

Incident Detection and Reporting

The Company maintains a framework for the detection, investigation, and mitigation of incidents arising from the Utah Renewal Service, including adverse health outcomes, AI clinical-decision errors, system failures, and data privacy incidents and reports incidents to OAIP in accordance with its regulatory mitigation agreement.