Terms of Service

1. Acceptance of Terms

AfyaLink TeleHealth ("we," "our," or "us") provides telemedicine services through our platform (the "Service"). By accessing or using our Service, you ("User," "you," or "your") agree to be bound by these Terms of Service and our Privacy Policy.

2. Definitions

For the purposes of these Terms of Service:

3. TeleHealth Services Description

Our Platform provides the following telemedicine services:

4. User Accounts & Responsibilities

Account Creation

To use our Service, you must create an account and provide accurate, complete information.

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Using strong passwords and enabling two-factor authentication when available

Account Termination

We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.

5. Healthcare Provider Responsibilities

Clinical Responsibilities

• Determine the appropriateness of telemedicine for each patient
• Maintain accurate and complete medical records
• Provide appropriate follow-up care and referrals when necessary
• Obtain informed consent for telemedicine services

Prescribing Limitations

Healthcare providers must comply with all applicable laws regarding electronic prescriptions, including controlled substance regulations.

6. Patient Responsibilities

Accurate Information

Patients must provide accurate and complete medical history and current health information.

Technical Requirements

• Maintain reliable internet connection for video consultations
• Use compatible devices and browsers
• Ensure adequate privacy during consultations
• Have necessary equipment for remote examinations when required

Emergency Situations

7. E-Prescription Services

Prescription Authorization

Healthcare providers are solely responsible for prescription decisions and must verify patient identity and medical necessity.

Controlled Substances

Prescribing of controlled substances through telemedicine is subject to federal and state regulations. Providers must comply with all applicable laws.

Pharmacy Transmission

We facilitate transmission of prescriptions to pharmacies but are not responsible for pharmacy fulfillment or medication availability.

Prescription Records

Complete prescription records are maintained in accordance with medical record retention laws.

8. Privacy & Data Protection

We are committed to protecting your privacy and securing Protected Health Information (PHI).

For detailed information about our data practices, please review our Privacy Policy.

9. Intellectual Property Rights

Platform Ownership

We own all intellectual property rights in our Platform, including software, designs, and content.

User Content

You retain ownership of your medical data and content, but grant us a license to use it for providing services.

Restrictions

• Do not copy, modify, or distribute our Platform without authorization
• Do not reverse engineer or attempt to extract source code
• Do not use our trademarks without permission

10. Payments & Billing

Service Fees

We charge platform usage fees as described in our pricing plans. Healthcare providers set their own consultation fees.

Billing Responsibility

Patients are responsible for all charges not covered by insurance, including copays and deductibles.

Insurance Claims

We facilitate insurance claims processing but cannot guarantee payment by insurance providers.

Refund Policy

Consultation fees may be refundable under certain circumstances, as determined by the healthcare provider.

11. Liability & Disclaimers

Service "As Is"

Our Platform is provided "as is" without warranties of any kind, either express or implied.

Medical Services Disclaimer

We are not a healthcare provider and do not practice medicine. Healthcare services are provided by independent licensed professionals.

Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, or consequential damages.

Indemnification

You agree to indemnify and hold us harmless from any claims arising from your use of the Platform or violation of these terms.

12. Termination

By User

You may terminate your account at any time by contacting us or through account settings.

By AfyaLink

We may suspend or terminate your access to the Platform for violation of these terms or applicable laws.

Effect of Termination

Upon termination, your right to use the Platform ceases immediately. We will maintain medical records as required by law.

13. Governing Law & Dispute Resolution

Governing Law

These terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes shall be resolved through binding arbitration in San Francisco, California, rather than in court.

Class Action Waiver

You waive any right to participate in class actions or class-wide arbitrations.

14. Changes to Terms

We may modify these Terms of Service at any time. We will provide notice of material changes through our Platform or via email. Your continued use of the Platform after changes constitutes acceptance of the modified terms.