Terms of Service

Do not use this service for emergency medical needs. If you experience a medical emergency, call 911 immediately. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency you must immediately call the emergency service number and notify the relevant authorities. The Talkdoc Inc. Platform provides the suicide hotline number and other resources for mental health emergencies and encourage all users of the Talkdoc Inc. Platform to use them when faced with an immediate crisis.

1. Terms

These Terms of Service ("Terms”) govern and apply to your access and use of the Talkdoc Inc Platform via the Talkdoc Inc. website and Talkdoc Inc. mobile applications (“App”) (all hereinafter collectively,“ Talkdoc Inc.” and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Talkdoc Inc. Platform, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Talkdoc Inc. Platform or Service. The terms “You", "Your,” and “Yourself” refer to the individual user of the Service.

You hereby certify that you are over the age of eighteen (18) or have the legal ability to consent to Therapy or Psychiatry or have your Parent/Guardian consent to Therapy or Psychiatry. You agree to provide “Contact Information” including valid location and personal contact details to your Provider to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Talkdoc Inc. Platform and Services is conditioned upon the truthfulness of the information you provide regarding your age, location, health plan ID number and Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

2. Site Content

Other than the guidance and advice you receive directly from your licensed Provider, the other content and information on the Talkdoc Inc. Platform, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. Talkdoc Inc. and affiliates do not endorse any medications, products or procedures.

3. Account Enrollment

To access the Talkdoc Inc. Platform you must create an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Platform, you agree to provide true, accurate, current and complete information about yourself as prompted by our Account creation form and to maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Talkdoc Inc. has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Talkdoc Inc. reserves the right to transition your treatment to another Provider outside of Talkdoc Inc. network and refuse any future request(s) to use the Talkdoc Inc. Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username and any other security information related to your Account. Talkdoc Inc. will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

4. Medicaid and Other Benefit Insurance Programs

In addition to the account management described above, access to the Talkdoc Inc. Platform and Services may require you to provide additional information to Medicaid or other insurance backed plans to confirm your eligibility with the network benefit administrator and is not shared with your Provider. Information collected under these circumstances will include but not be limited to First and Last Name, Email or Phone Number, Date of Birth, Gender, Health Plan ID.

5. Acceptable Use

You agree not to access or use the Talkdoc Inc. Platform and Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Platform or Services by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Talkdoc Inc. Platform or Service in any manner that could damage, disable or impair the Platform or Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Platform or Service for any purpose. You are solely responsible for the information or material you post on the Talkdoc Inc. Platform.

The following terms apply to the Talkdoc Inc. mobile application downloaded from any source (such as the Apple App Store or other similar platforms) where the application is made available (each such distribution platform an "App Provider"). You acknowledge and agree that these Terms are between you and Talkdoc Inc. and not with the App Provider, and that Talkdoc Inc. (not the App Provider), is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Talkdoc Inc.

If you access the Talkdoc Inc. Platform and Services through Medicaid or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program. If you are not a Medicaid member you may be responsible for a co-payment for provided Services.

6. Providers

Talkdoc Inc. does not directly employ the Providers matched through the Service. Talkdoc Inc. created a physical and digital health network of digitally trained and accredited Providers. The Talkdoc Network only works with licensed, insured, credentialed and vetted professional Providers who have completed the required Medicaid training protocols.

Your relationship with the Provider is strictly with the Provider. Talkdoc Inc. is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint. Talkdoc Inc. has created a national accredited network and employs the most advanced data science available to offer the Talkdoc Inc. Network Provider the best digital tools to practice. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider.

7. Intellectual Property

All of the content available on the Talkdoc Inc. Platform is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Platform is the copyrighted work of Talkdoc Inc. or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices. Subject to the terms of this Agreement, Talkdoc Inc. hereby grants you a limited, revocable, non transferable and non-exclusive license to use the Platform, software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service. The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform or Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Platform or Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

8. Disclaimers

ACCESS TO THE PLATFORM AND SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TALKDOC INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ACCESS TO THE PLATFORM AND SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TALKDOC INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. TALKDOC INC. CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.