Privacy Policy

FamPhy, (“us” or “we”) is committed to respecting the privacy of users of FamPhy (the “Application”) and services provided by us through the Application and our website at www.famphy.com (collectively, the “Services”). We (or our subcontractors) host the Application to connect you to healthcare providers that have entered into an agreement with us (a “Provider”). Once you select one or more Providers through the Application to provide services to you, each of those Providers may be referred to as “your Provider.” We created this Privacy Policy (“Privacy Policy”) to tell you how we protect, collect, use, disclose and store the information collected through the Services.

BY DOWNLOADING, ACCESSING, OR USING THE APPLICATION OR SERVICES, AND/OR BY REGISTERING WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE APPLICATION, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND SHARE YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL'S OR ENTITY'S BEHALF.

Your use of the Application is also subject to our Terms of Use.

We may change this Privacy Policy at any time and any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Application. We will update the “Last Revised” date at the bottom of this Privacy Policy if we make any such changes to this Privacy Policy. Your use of the Application or the submission of any information in connection with the Application following any change means that you accept the revised Privacy Policy.

We intend to provide our Services in India. Accordingly, this Policy, and our collection, use, and disclosure of your Personal Information (as defined below) is governed by Indian laws. We do not represent or warrant that the Application, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction. If you choose to access or use the Application from outside India, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. By using the Application and submitting any Personal Information from outside the India, you acknowledge that the Application is subject to Indian law and consent to the transfer of your Personal Information to India, which may provide a different level of data security than in your country of residence.

Personal Information We May Collect

In order for you to use the Services, we may require you to provide us with information that identifies you as an individual (“Personal Information”). We and our service providers may collect Personal Information from you that includes, but is not limited to: (1) your name and your contact data (such as your e-mail address, phone number, billing and physical addresses, and your Application login and password); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance information (such as your insurance carrier and insurance plan); (4) payment information (such as your credit or debit card number); (5) confirmation that your Provider provided services to you; and (6) health and medical data (such as the previous doctors, dentists or other health care providers you visited, your reason for visiting those providers, your date of visiting providers, your medical history and condition, and other medical and health information you choose to share with us) that you provide through the Application. If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information.

In addition to the information that we collect directly from you, we may also collect certain Personal Information about you from or on behalf of your Providers. We use and disclose this information only in accordance with your express authorization, which we request from you through a separate document when you sign up to use the Application. Please be aware that if you do not provide your authorization, or if you subsequently withdraw your authorization, you may not be able to use the Services through the Application, but may continue to receive services from a Provider outside of the Application.

We may also collect precise information about the location of your mobile device with your consent. Please see below under “How We Collect Non-Personal Information” for additional information about our collection of location information.

We and our third-party service providers may use Personal Information to :

• respond to your inquiries and fulfill your requests, such as to arrange transportation for a house call or to establish a telephone conference;
• send to you administrative information, including information regarding the Application, and changes to our terms, conditions and policies;
• schedule and provide services related to the scheduling of house call appointments, for example, to send to you appointment confirmation; communicate with you and your Providers regarding your health status, appointments and related services provided by your Provider; obtain or facilitate payments for appointments and related services provided by your Provider and send you payment receipts; and provide you with related customer service;
• confirm that services you request were provided to you by your Providers;
• send to you marketing communications that we believe may be of interest to you;
• [allow you to send messages to a friend through the Application (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend's name and e-mail address for such purpose);
• personalize your experience on the Application by presenting products and offers tailored to you;
• further our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Application, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of healthcare professionals and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns; and
• act as we believe to be necessary or appropriate : (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

Our use of your Personal Information may also be subject to certain restrictions set forth in an agreement between us and your Provider.

Your Personal Information may be disclosed to :

• our third-party service providers that provide services such as hosting of the Application, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services;
• Providers, including your Providers, to schedule and fulfill appointments and provide healthcare services and confirm those services were delivered to you;
• our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes relating to their products and services;
• third parties, to permit them to send marketing communications to you regarding our products or services or the services of your Providers;
• [identify you to anyone to whom you send messages through the Application;]
• for other treatment, payment or health care purposes of your Provider;
• a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
• a third party as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce the Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

Our disclosure of your Personal Information may also be subject to certain restrictions set forth in an agreement between us and your Provider.

a. Non-Personal Information We May Collect

“Non-Personal Information” is any information that does not reveal your specific identity. The types of Non-Personal Information that we collect are described in more detail below under “How We Collect Non-Personal Information.”

b. How We Collect Non-Personal Information

We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:

• Through your device : Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information to ensure that the Application functions properly and to understand usage of the Application.
• Through server log files : Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Application, along with the time of the use and the pages visited within the Application. We use IP Addresses for purposes such as helping to calculate Application usage levels, diagnose server problems and administer the Application.
• Physical Location : If you give us your consent, we may collect information about the physical location of your device, for example, using your device’s GPS functionality. We may use such information to provide you with personalized location-based services and content (for example, information regarding local Providers). We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
• From you : We may collect Non-Personal Information such as your general geographic location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Application.
• By de-identifying information : Aggregated Personal Information is information that is derived from Personal Information that does not personally identify you or any other user of the Application. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code or a particular medical condition.

c. How We Use and Disclose Non-Personal Information

Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your zip code with your name, or with your name together with a medical condition). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including Providers, the manufacturer of your mobile device, and any other third party mobile application or website to which the Application may contain a link. We encourage you to review the Notice of Privacy Practices of each Provider who provides you with services and the privacy policies of each website and application you visit and use.

The Application may feature community areas and other public forums where users can share information and post reviews or questions. Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any Personal Information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

We seek to use reasonable physical, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system is 100% secure, and therefore we cannot guarantee against all potential security breaches.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

a. Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. Specifically, you may opt-out from:

• Receiving marketing-related e-mails from us based upon your Personal Information : If you no longer want to receive marketing-related e-mails from us on a going-forward basis, you may opt-out of receiving such marketing related e-mails by sending an email toprivacy@FamPhy.com.
• Our sharing of your Personal Information with affiliates for their marketing purposes : If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their marketing purposes, you may opt- out of such sharing by sending an e-mail to support@FamPhy.com.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our affiliates with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

b. How We Use and Disclose Non-Personal Information

If you would like to review or update your Personal Information that has been previously provided to us, you may do so by logging into your account within the Application. We will try to comply with your request to update your Personal Information as soon as reasonably practicable. We are not responsible for changing information from the databases of third parties with whom we have already shared your Personal Information. You may have additional rights to access, correct or modify the health information that is held by your Provider. Please consult your Provider’s Notice of Privacy Practices for a description of those rights and how to exercise them.

As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by us, and we may be required by law or our agreement with your Provider to retain certain information. We have no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any Provider to whom your Medical History Form was submitted through the Services. Registered users who wish to close their account should email: privacy@FamPhy.com

If you have any questions about this Privacy Policy, please contact us by e-mail atprivacy@FamPhy.com or by regular mail at our registered address

Please note that e-mail communications are not always secure; so please do not include health information, credit card information or other sensitive information in your e-mail messages to us.

Last Revised : July 2016 and Aug 2016

A. CONSENT TO IN-PERSON CARE

You hereby consent and authorize the treating providers you engage through the use of the FamPhy Application (“Application”), to provide routine medical care and treatment, such as physical exams, diagnostic procedures, treatment of illnesses and injuries, and/or make necessary referrals. You acknowledge that other types of health care professionals such as nurses may take part in the provision of care under the supervision of physicians.

You certify that a physician or health care professional has explained the nature, benefits and risks of any procedure or treatment provided from any treating provider you engage through the Application. You have been given the opportunity to ask questions about any concerns regarding the procedure or treatment to be provided from any treating provider you engage through the Application.

To the extent the patient is under the age of 18, you represent you are the patient’s parent or legal guardian and are duly authorized under state law to act on behalf of the minor. All references to “you” shall be deemed to include the minor patient where such reference applies to the individual receiving care or treatment.

B. CONSENT TO TELEMEDICAL CARE

Introduction

Telemedicine involves the use of audio, video or other electronic communications to interact with you, consult with your healthcare provider and/or review your medical information for the purpose of diagnosis, therapy, follow-up and/or education. During your telemedicine consultation, details of your medical history and personal health information may be discussed with you or other health professionals through the use of interactive video, audio or other telecommunications technology. Additionally, a physical examination of you may take place, and video, audio, and/or photo recordings may be taken.

Electronic systems used will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Anticipated Benefits

Improved access to medical care by enabling a patient to remain in his/her location while the physician may provide care from a distant site.

More efficient medical evaluation and management Obtaining expertise of a distant specialist.

Possible Risks

As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:

Delays in medical evaluation/treatment could occur due to deficiencies or failures of the electronic equipment;

In rare instances, security protocols could fail, causing a breach of privacy of personal medical information;

In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

You Understand the Following:

You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed.

You understand that the laws that protect the privacy and security of health information apply to telemedicine, and that no information obtained in the use of telemedicine which identifies you will be disclosed to researchers or other entities without your authorization.

You understand that you have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time.

You understand that you have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee.

You understand that a variety of alternative methods of medical care may be available to you, and that you may choose one or more of these at any time. Your physician has explained the alternative to your satisfaction.

You understand that telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of state.

You understand that it is your duty to inform your physician of electronic interactions regarding your care that you may have with other healthcare providers.

You consent to receiving protected health information via email or SMS text messaging and understand messages through these communication channels may not be secure.

FamPhy is an interactive mobile application (the “Application”) provided by FamPhy, Inc. (“FamPhy”). Use of the Application and our website at https://FamPhy.com (collectively, the “Services”) is governed by the terms and conditions of this Agreement. Although accessible by others, the Services (which include content) are intended for access and use only by Indian customers. Please read these terms and conditions of use (the “Agreement”) carefully before accessing or using the Services. Throughout this Agreement, FamPhy is referred to as “we” or “us.”

By accessing or using the Services, you agree to bound by this Agreement as posted and accessible through our Application or website at the time of your access or use and to use the Services in accordance with the terms and conditions of this Agreement, our Privacy Policy FamPhy.com/privacy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of this Agreement). If you do not agree to the terms and conditions of use for the Services as set forth in this Agreement, you may not use the Services.

The Web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the revised Terms and Conditions of Use through our Application or website and update the “Last Revised” date, below, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.

FamPhy is designed to offer information and a means to enable you to obtain telephonic and in-person consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care professionals through the use of the Application. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our Application, website and related content and does not refer to the telephonic and in-person consultations and treatment that users receive from health care professionals. None of the website or Application content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

To use the Application, you first need to sign up with FamPhy. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, credit card information and the name of your primary care provider (if you have one). In the future, we may also require users to provide insurance information. Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.

You have to be 18 years of age or older and reside in a jurisdiction in which we offer the Application to use the Application. If you reside in a jurisdiction that restricts the use of the Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Application. You represent that you are of legal age to enter into a binding contract.

The Application is designed to enable you to send a request for select non-emergency medical consultation services to a health care professional. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Application – detects your location. The Application identifies to you healthcare professionals who have licensed the Application from us and that have engaged us to provide administrative, scheduling, and other operational services. You will be able to select a health care professional who you wish will perform healthcare services you. After your selection, the Application then sends a message to the professional you selected that asks the professional whether he or she would like to provide you with the requested healthcare services. Health care professionals engaged by you through the Application do not accept Medicare or Medicaid. In the event a health care professional agrees to provide you with healthcare services, the Application schedules those services and bills you on behalf of the healthcare professional. We make no representation or warranty to you any health care professional will be available to perform health care services

FamPhy IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION, DOES NOT PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTH CARE PROVIDER. FamPhy DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION BY ANY HEALTH CARE PROFESSIONAL, WHO ARE EACH RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. THE HEALTH CARE PROFESSIONAL WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason.

You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device .

By accessing or using the Services, you further agree that :

• You will only use the Services for your sole, personal use and you will not resell them to a third party;
• You will not copy or distribute the Services or other Services content;
• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
• You will not use the Services for any purpose in violation of local, state, federal or international laws;
• You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
• You will not impersonate another person;
• You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
• You will comply with all applicable third party terms of agreement when using the Services (e.g., your wireless data service agreement);
• You will ensure that no unauthorized person shall have access to your mobile device or your FamPhy passwords or accounts;
• You will promptly notify us in the event your FamPhy passwords or accounts have been compromised;
• You will not assign or otherwise transfer your account to any other person or entity;
• You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
• You will provide us with whatever proof of identity we may request.

We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

You acknowledge that FamPhy only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

You agree to indemnify and hold harmless FamPhy, FamPhy’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.

There is no charge to register with us or download the Application on your mobile device. You are charged only when you actually use the Services by scheduling a consultation with a health care professional. Each health care professional sets his or own fees for his or her time and services, but your payment to them includes a portion that is retained by us for our administrative Services in connection with the Application. We reserve the right to introduce a fee in the future for downloading the Application as registering with us. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.

The rates that apply for the telephonic or in-person medical consultation services provided by the health care professionals can be found on our website and through the Application. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the medical services made available through the Application.

FamPhy shall, on behalf of the health care professional, charge you for the medical services provided to you by that health care professional. You agree that you will pay for all medical services you receive from the health care professional, and that FamPhy may charge your credit card account, as provided by you when registering for the Services, for the medical services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing FamPhy with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a health care professional), FamPhy will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy [link to Privacy Policy].

At present we do not process any insurance claims, nor will the health care professionals process claims on your behalf. Although the consultations/treatments you receive from health care professionals through the Application may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

FamPhy alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by FamPhy, and/or, as applicable, FamPhy’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to FamPhy any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.

This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by FamPhy. FamPhy’s name, logo and the product names and logos associated with the Services are trademarks of FamPhy, its affiliated companies or third parties, and no right of license is granted to use them.

The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Subject to your compliance with the terms and conditions of this Agreement, FamPhy grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

The Services are solely designed to enable you to obtain telephonic and in-person consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The services provided in the Application are here to help connect you to nearby health care providers only. Any information contained in the Services should not be relied upon as the basis of any health- care decision. The Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.

NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS APPLICATION TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data .

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL FamPhy BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF FamPhy FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF FamPhy WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.

We may at our sole discretion change, add, or delete portions of this Terms of Service at any time on a going-forward basis. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Service, inclusive of such changes.

You agree to indemnify and hold harmless FamPhy, FamPhy’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Your use of the Services is subject to FamPhy’s Privacy Policy. Please review this policy so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.

This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any conflicts of law provisions contained therein.

Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in New Delhi, India under the rules of the Indian Arbitration Act, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New Delhi, India for any action related to this Agreement.

This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

You represent that you are not a Medicare, Medicaid or Federal Health Program beneficiary.

Last Revised: July 2016 and Aug 2016

©2016 FamPhy, Inc. All rights reserved.