These Terms apply to the Patient App and to every patient-facing feature of the Platform. You accept these Terms by creating an account, by signing in, or by otherwise using the Patient App. If you do not agree to these Terms, do not use the Patient App.

If you are a parent or legal guardian using the Patient App on behalf of a minor patient, you accept these Terms on the minor's behalf, and references to "you" include the minor to the extent applicable.

Additional terms presented within the Patient App for specific features (for example, payment authorizations) are part of these Terms once you accept them.

Ultradoc provides technology. Your Practice provides healthcare. The Patient App is offered to you by Ultradoc on behalf of your Practice, and everything you see in it — appointments, messages, balances, and records — originates from, and belongs to the clinical relationship you have with, your Practice.

Ultradoc acts as a business associate of your Practice under the Health Insurance Portability and Accountability Act ("HIPAA"). Your Practice's own Notice of Privacy Practices governs how the Practice uses and discloses your health information. Ultradoc's handling of your information is described in the Ultradoc Privacy Policy.

Your Practice controls which patients may use the Patient App, which features are enabled, and how requests and messages are handled. Ultradoc is not responsible for the acts or omissions of any Practice, and nothing in these Terms creates a physician-patient relationship between you and Ultradoc.

If you are experiencing a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room immediately. Never use the Patient App to seek help in an emergency.

The Patient App is not a medical device and does not diagnose, treat, cure, or prevent any disease or medical condition. It transmits and displays information; it does not create it. Content available through the Patient App is provided by your Practice for informational and administrative purposes and is not a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or another qualified health provider with any questions you have about a medical condition, and never disregard or delay seeking professional medical advice because of something you read in the Patient App. Messages sent through the Patient App are not monitored continuously, and no response time is guaranteed.

Ultradoc's collection and use of information in connection with the Patient App is described in the Ultradoc Privacy Policy, which is incorporated into these Terms by reference.

Your health information is protected health information under HIPAA. Ultradoc processes it as a business associate of your Practice, only as permitted by the Business Associate Agreement between Ultradoc and your Practice and by law. Your Practice's Notice of Privacy Practices — available from your Practice — describes your rights with respect to your health information, including the rights to access, amend, and receive an accounting of disclosures of your records.

A description of Ultradoc's administrative, physical, and technical safeguards is published in our Statement of HIPAA Compliance.

With your permission, the Patient App sends push notifications — for example, when your care team replies to a message or an appointment is confirmed. Notifications are designed to alert you that activity has occurred without exposing the substance of your health information on your lock screen. You can disable push notifications at any time in your device settings.

Ultradoc and your Practice may also send you service communications by email relating to your account, such as sign-in verification and security notices. These are not marketing messages, and they are required for the operation of the service.

Subject to these Terms, Ultradoc grants you a limited, revocable, non-exclusive, non-transferable license to install and use the Patient App on devices you own or control, solely for your personal, non-commercial management of your (or your dependent's) healthcare.

The Platform — including its software, design, text, graphics, and trademarks — is owned by Ultradoc or its licensors and is protected by intellectual property laws. Except for the license expressly granted above, no rights are granted to you. Your health information remains yours and your Practice's; Ultradoc claims no ownership of your medical records.

The Patient App may update itself automatically, including by downloading updated application code, in order to keep the app secure, compatible, and current. These Terms apply to all such updates.

If you send Ultradoc feedback or suggestions, you grant Ultradoc a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

THE PATIENT APP AND THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULTRADOC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ULTRADOC DOES NOT WARRANT THAT THE PATIENT APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT INFORMATION DISPLAYED IN THE APP IS COMPLETE OR CURRENT AT ANY GIVEN MOMENT. THE AUTHORITATIVE RECORD OF YOUR CARE IS THE RECORD MAINTAINED BY YOUR PRACTICE.

ULTRADOC IS A TECHNOLOGY PROVIDER AND DISCLAIMS ALL LIABILITY FOR THE ACTS AND OMISSIONS OF ANY PRACTICE OR HEALTHCARE PROFESSIONAL, INCLUDING CLINICAL DECISIONS, RESPONSE TIMES, AND BILLING DETERMINATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULTRADOC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OR PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PATIENT APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ULTRADOC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PATIENT APP WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE PATIENT APP IS PROVIDED TO PATIENTS FREE OF CHARGE, AND THIS ALLOCATION OF RISK IS AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ULTRADOC.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

You agree to indemnify and hold harmless Ultradoc and its officers, employees, and agents from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, your misuse of the Patient App, or your violation of applicable law, except to the extent caused by Ultradoc's own breach of these Terms or violation of law.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Before filing any claim, you agree to first contact Ultradoc at legal@ultradoc.net and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts. Either party may bring qualifying claims in small-claims court instead. Nothing in this Article limits any non-waivable rights you have under the laws of your state of residence.

Ultradoc may revise these Terms from time to time. If a revision is material, Ultradoc will provide reasonable advance notice — for example, by notice within the Patient App or by email — before the revised Terms take effect. The "Effective" date above reflects the current version. Your continued use of the Patient App after revised Terms take effect constitutes acceptance of the revised Terms; if you do not agree, you must stop using the Patient App.