Terms of Service

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.

a. Ultradoc.

Ultradoc Technologies LLC, the company that develops and operates the Platform, together with its permitted successors and assigns.

b. Platform.

The Ultradoc clinical workflow platform, including the web application, the Patient App, application programming interfaces, and all related services operated under the ultradoc.net domain.

c. Patient App.

The Ultradoc mobile application for patients, distributed through the Apple App Store and Google Play, together with its associated patient-facing web services.

d. Practice.

The medical practice, physician, or other healthcare provider organization that has engaged Ultradoc to provide the Platform, and through which you receive healthcare services. Your Practice — not Ultradoc — is your healthcare provider.

e. Customer Agreement.

The separate written agreement (including a Business Associate Agreement) between Ultradoc and a Practice that governs the Practice's use of the Platform. If you use the Platform as a member of a Practice's workforce, the Customer Agreement governs that use, not these Terms.

f. You.

The individual patient, or the parent or legal guardian acting on behalf of a patient, who creates an account in or uses the Patient App.

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 24 hours a day, 7 days a week. Nobody is watching the inbox around the clock. Messages are read during your Practice's business hours, no response time is guaranteed, and a message is never the way to raise an urgent or emergency concern — call your Practice, or call 911.

Use of the Patient App requires an account and an invitation or enrollment path made available by a participating Practice. When you create or use an account, you agree to each of the following:

1. (i)Provide information that is accurate, current, and complete, and keep it that way.
2. (ii)Maintain the confidentiality of your login credentials and any device on which you remain signed in.
3. (iii)Use only your own account, and never access or attempt to access another person's account.
4. (iv)Notify your Practice and Ultradoc promptly at security@ultradoc.net if you suspect any unauthorized access to or use of your account.
5. (v)Be at least thirteen (13) years of age to create your own account. The Patient App does not create accounts for children under thirteen (13); care for a child under thirteen is managed by a parent or legal guardian from the guardian's own account, consistent with the Practice's policies and applicable law.
6. (vi)If you manage care for another person — a child under thirteen (13), or an adult who has authorized you — confirm you are legally entitled to do so, and use that access only for that person's care.

You are responsible for all activity that occurs under your account. Ultradoc may suspend or refuse an account where required to protect the security of the Platform or the integrity of a Practice's records.

You agree not to do, or attempt to do, any of the following:

1. (a)Access, probe, or use the Platform in any manner other than through the interfaces Ultradoc provides.
2. (b)Attempt to gain unauthorized access to any account, system, or data, or to circumvent any security or access control.
3. (c)Interfere with or disrupt the integrity or performance of the Platform, including by introducing malware or placing unreasonable load on the service.
4. (d)Scrape, harvest, or bulk-export data from the Platform, or use any automated means to access it.
5. (e)Impersonate any person, misrepresent your identity or affiliation, or submit false or misleading information.
6. (f)Use the Platform to transmit content that is unlawful, threatening, harassing, defamatory, or infringing, or to abuse Practice staff.
7. (g)Reverse engineer, decompile, or disassemble any part of the Platform, except to the extent this restriction is prohibited by applicable law.
8. (h)Use the Platform for any purpose that violates applicable law or regulation.

§ 7.01 Appointments.

The Patient App lets you view upcoming visits and submit appointment requests. A request is not a booking: no appointment exists until your Practice confirms it. Scheduling, rescheduling, and cancellation policies are set by your Practice.

§ 7.02 Messages.

The Patient App lets you exchange secure messages with your Practice's care team. Messaging is not monitored 24 hours a day, 7 days a week, and is not for urgent or time-sensitive matters. Response times are determined by your Practice. Messages you send may become part of your medical record maintained by your Practice.

§ 7.03 Billing.

The Patient App displays balances and payment history provided by your Practice's billing systems. When you choose to pay, the app opens your Practice's own payment portal in your device's browser — card entry happens there, with the Practice's payment provider, and never inside the Patient App. Ultradoc does not collect, process, or store your payment card information. Billing disputes should be raised directly with your Practice.

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.

Separately from the secure messaging inside the Patient App, Ultradoc operates a text message program named Ultradoc. It sends appointment confirmations, reschedules, and cancellations; reminders to open a message or book a follow-up in the Ultradoc app; task notifications to Practice staff who have enabled them; and one-time sign-in verification codes. The program sends no marketing or promotional content. All messages come from a single number and identify Ultradoc by name.

Ultradoc texts a number only where a consent for that number has been recorded. As a patient, you give that consent to your Practice at the point of care, where the following disclosure is shown to you beside the field in which your mobile number is recorded:

By providing a mobile phone number, the patient agrees to receive appointment and account text messages from Ultradoc at that number. Text messages are not encrypted and can be read by anyone with access to the phone. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, HELP for help. Consent is not a condition of treatment.

1. (i)Practice staff opt in themselves: text notifications are off by default in every staff account, and turning them on requires verifying the phone number with a one-time code sent to it.
2. (ii)Message frequency varies. The program follows what happens in your care and your account rather than a schedule.
3. (iii)Message and data rates may apply. Ultradoc charges nothing for these messages, but your mobile carrier may charge you under your plan.
4. (iv)Reply STOP to any message to opt out. END, CANCEL, UNSUBSCRIBE, QUIT, and STOPALL do the same. You receive one confirmation, and no further messages are sent to that number. Reply START or UNSTOP to resume.
5. (v)Reply HELP or INFO for help, or email help@ultradoc.net.
6. (vi)Consent to receive text messages is never a condition of treatment, and opting out does not affect your account, your care, or your access to the Patient App.
7. (vii)A message about an appointment carries three things and no more: the name of your Practice, the date and time of the appointment, and your first name, which is withheld for adolescent patients. It carries no clinical information of any kind.
8. (viii)Text messages are not encrypted, and no text message can be. A message can be read by anyone with access to the phone it reaches. If you would rather receive nothing by text, ask your Practice to reach you through the Ultradoc app alone.
9. (ix)Text messages are not for emergencies and are not a substitute for the secure messaging inside the Patient App. Carriers are not liable for delayed or undelivered messages.

The complete terms of the program — message types, consent, keywords, and customer care — are published at ultradoc.net/sms and are incorporated into these Terms by reference.

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.

If you downloaded the Patient App from the Apple App Store, the following additional terms apply:

1. (i)These Terms are between you and Ultradoc only — not with Apple Inc. ("Apple") — and Apple is not responsible for the Patient App or its content.
2. (ii)The license granted to you is limited to a non-transferable license to use the Patient App on Apple-branded products that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
3. (iii)Apple has no obligation to furnish any maintenance or support services with respect to the Patient App. Ultradoc, not Apple, is responsible for maintenance and support as described in these Terms.
4. (iv)In the event of any failure of the Patient App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
5. (v)Ultradoc, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
6. (vi)In the event of any third-party claim that the Patient App or your possession and use of it infringes that third party's intellectual property rights, Ultradoc, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim.
7. (vii)You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. (viii)Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you downloaded the Patient App from Google Play, you acknowledge that these Terms are between you and Ultradoc only, that Google LLC is not responsible for the Patient App, and that your use of the App must also comply with the Google Play Terms of Service.

You may stop using the Patient App at any time, and you may delete your Ultradoc account at any time from within the app (Settings → Delete account) or by following the instructions at ultradoc.net/delete-account.

Your Practice may deactivate your access to its records within the Patient App, and Ultradoc may suspend or terminate your account if you materially violate these Terms, if required by law, or if the Practice relationship through which you use the app ends. Upon any termination:

1. (i)Your license to use the Patient App ends, and Ultradoc may deactivate your account.
2. (ii)Deleting your Ultradoc account does not delete your medical record. Your medical record is maintained by your Practice and retained in accordance with applicable law and the Practice's retention obligations.
3. (iii)Provisions of these Terms that by their nature should survive — including intellectual property, disclaimers, limitations of liability, and dispute resolution — survive termination.

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.

These Terms, together with the Privacy Policy, are the entire agreement between you and Ultradoc regarding the Patient App. If any provision is held unenforceable, the remainder stays in effect. Ultradoc's failure to enforce a provision is not a waiver. You may not assign these Terms; Ultradoc may assign them in connection with a merger, acquisition, or sale of assets, subject to applicable law, including HIPAA.