Privacy Policy
CONSENT TO COMMUNICATIONS
1. Through this agreement You consent to the communication methods adopted by Platform and to be contacted at any time through a mobile device, phone call, SMS text message, email and any other communication method specified by Platform, on the condition that these communications comply with privacy regulations.
2. You authorize Platform and Provider to contact You for legitimate Service purposes, including: appointment and clinical reminders; clinical communications; Platform business changes; new patient information; prescription refill status; and telehealth encounter information.
3. You authorize Platform and Provide to reach You at any time via: secure portal messaging; phone call; SMS text messages; live chats; mobile phone; email or regular mail.
4. You agree that, if your mobile number, as listed in Platform, is used for more than one patient, all communications as consented to above will be sent to that number.
CONTACT INFORMATION CHANGE
5. You further accept your responsibility to provide Platform updated contact information and to notify Platform when your contact information changes.
CONSENT CANCELLATION
6. You can revoke this Communications Consent Agreement at any time by contacting Platform.
By clicking “Accept” below, you confirm that you have read and understood the Telehealth Consent Agreement and hereby accept all the terms and conditions contained herein.
AGREEMENT TO TELEHEALTH SERVICE
1. Through this agreement you authorize and consent to healthcare provider (“Provider”) treatment and the Platform payment policies, including your consent to receive medical care from Provider using the patient portal and/or telehealth technology (“Service”), as described below.
2. The medical consulting services provided by the Provider through our Platform are not a substitute for the services You may receive from Your primary care physician.
WHAT IS TELEHEALTH?
3. Telehealth enables the exchange of individual patient medical information between You, Platform, and your Provider facilitating health care for you without an in-person office visit.
4. The information shared may be used for diagnosis, prescriptions, therapy, follow-up and/or education, and may include any of the following: patient medical records; medical images; live two-way audio and video; output data from medical devices; and sound and video files.
5. Do not attempt to access emergency care or urgent care through this Service. You understand that in an emergency, you should dial 911 or immediately go to the nearest hospital.
SECURITY
6. You understand that telehealth services may include the electronic exchange of personal medical information with healthcare practitioners who may be located in different areas to you, including out of state. Platform and Provider will take reasonable and appropriate steps to ensure that your health information will not be seen or interfered with by non-authorized persons.
7. To protect Your confidentiality, Your identity and to maintain the integrity of the data submitted before and during the telehealth service, electronic systems will incorporate robust network and software security protocols to safeguard the information from intentional or unintentional corruption. You agree to hold harmless Platform, if security protocols fail, causing a breach of privacy of personal medical information.
DUTY OF CARE
8. You understand that Platform will only take responsibility for your care after you have registered with the Service, truthfully responded to all compulsory health questions, provided an image and/or have had a scheduled video visit and made payment; and after the practitioner has reviewed your request for telehealth treatment and then subsequently concluded that you qualify for the Service.
9. The Platform does not accept insurance or medical plans as methods of payment or co-payment. You understand and agree to reject any request for reimbursement to your medical plan, medicare, or medicaid, for products and services received while using our Service.
10. If Provider makes a professional judgement that you are not suitable to receive telehealth services, Provider and Platform have the right to decline responsibility for your care.
11. You acknowledge that there may be a delay until the next business day before Provider reviews your messages and/or your treatment inquiry.
PRIVACY
12. You understand that you are obliged to notify Provider of your location at the beginning of each treatment session. You must notify your Provider immediately if for some reason you change locations during the telehealth encounter.
13. To maintain confidentiality, you will not share your telehealth account details or appointment link with anyone not authorized to attend the session. If there are any other persons in the same location as you, either on or off camera and who may be able to hear or see you, you must alert your Provider of this before or at the beginning of the session.
14. You understand that it is your obligation to disable any virtual assistant artificial intelligence devices, such as Alexa or Echo, if these devices are positioned in close proximity.
15. You agree that you will not record either through audio or video any of the sessions, unless you notify your Provider and it is then expressly agreed upon.
BENEFITS OF USING OUR SERVICE
16. You understand and agree that there are vital differences between telehealth encounters and traditional forms of treatment. When using the Service, you will not have an in-person appointment with your Provider and/or a physical exam that may help in the diagnosis of a medical condition that needs further attention or immediate treatment.
17. You understand that the potential benefits of using telehealth technology include: access to medical evaluation, diagnosis and treatment if you are unable to reach Provider’s office for an in-person appointment; and more efficient and accessible communication between you and your Provider.
RISKS OF USING OUR SERVICE
18. You understand that by using telehealth technology you may expose yourself to potential risks, such as:
19. You understand that Platform and Your Provider will not be held accountable for any technical issues or interruptions which your Provider has no control over, which may include problems with software, hardware and internet connection. You further acknowledge that your Provider does not guarantee that the technology will work without error.
TRUTHFUL INFORMATION
20. You understand that your Provider’s medical advice may be founded on information not within Provider’s knowledge or control, such as inaccurate or incomplete facts or data transmitted by you.
21. You understand that your Provider bases treatment decisions on the data supplied by you before, during and after your telehealth sessions.
22. You agree to, at all times, provide truthful, complete and accurate information about your medical history, including present and past condition(s) and treatment(s), to your Provider.
23. You understand that by using the Service you seek to enter into a Doctor-Patient Relationship (DPR) where the Provider decides whether the treatment plan is appropriate based exclusively on the information you provide.
24. You understand that Platform and Provider do not have the capacity to verify the information, videos or images that you provide and that your Provider will therefore deem all submissions to be truthful, complete and accurate. If you transmit images or videos that have been edited, are not of you and/or are not taken within the agreed time frame, then you are at risk of receiving treatment that might not be necessary, appropriate, or safe.
25. You understand that even if all information, videos and images are truthful, complete and accurate, you might still experience adverse effects from the telehealth treatment your Provider prescribed accordingly.
TREATMENT PLAN
26. You understand that by using the Service, you are giving your express consent for your Provider to access your medication history, where it's available and that, if appropriate, the Provider may take this information into consideration when prescribing a treatment.
27. You understand that the care provided is in compliance with prevailing medical standards and clinical guidelines, but your Provider makes no guarantees or assurances as to the outcome of the telehealth treatment and the consultations and prescriptions therein.
28. You understand that all the drugs and medications that your Provider may prescribe or recommend can cause adverse side effects that include, but are not limited to, severe allergic reactions, temporary or permanent disabilities, and/or death.
29. You agree to carefully weigh the risks and benefits of the drugs and medications prescribed, the risks and benefits of receiving the recommended treatment and contemplate whether alternative treatments are available, and whether there is an option of not seeking any treatment at all, before accepting the proposed treatment plan by Provider.
30. You further acknowledge the importance of referring to the manufacturer's leaflet for the administration, precaution and potential side effects of the prescribed medication.
31. You understand that you have the option to request that your prescription be sent to your e-mail address in the event that you decline to use our Service's pharmacy and choose to use a pharmacy provider of your choice.
MEDICAL ADVICE
32. You understand that the only communications in the Service that constitute professional medical advice are the personalized messages the Provider sends you and any content linked therein, and the medical advice the Provider offers during a telehealth consultation. You understand that no other content in the Service constitutes professional medical advice and is instead for information purposes only.
PAYMENT POLICY
33. You agree to pay Platform for the performance of the services in accordance with the rates and fees specified by the Service.
34. Provider and Platform reserve the right to deny non-emergency services if your account is delinquent.
RIGHT TO WITHDRAW CONSENT
35. You have the right to withdraw from this agreement or end the Service at any time without affecting your right to future treatment by Provider.
ACCEPTANCE OF PRIVACY POLICY
1. This patient portal and its services (“Service”) is provided to you by the digital health platform Dzeus Corporation, herein referred to as “Platform”. The provider is a health professional providing consultancy services, herein referred to as “Provider”. The term "You" or "Your" refers to the authorized users of this Service, including but not limited to the patient and their care team.
2. The Platform complies with all applicable privacy laws and regulations in the jurisdictions in which it operates, including the requirements of the HIPAA Privacy Rule (45 CFR 164) for the handling and transmission of Protected Health Information (PHI).
3. By using this Service by the Provider, you agree to accept the conditions and practices described in this Privacy Policy and consent to the collection and use of information set forth below.
4. If you do not agree with the terms of this Privacy Policy for any purpose, please do not use the service features of the Service.
DEFINITIONS
5. PHI means Protected Health Information. PHI is individually identifiable health information held or transmitted by the Platform or its business associate, in any form or media, whether electronic, paper, or oral. PHI is information, including demographic data, that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.
6. Aggregate Data is PHI that has been modified and combined to permit data analyses that relate to the operation of the Platform. Aggregate data cannot be used to identify you as an individual.
7. An Authorized User is only You, the patient.
8. Person with Authorized Access. Is someone You have authorized according to applicable Law to access Your PHI.
9. De-identified data is PHI that has been modified to prevent the identification of an individual.
10. Personal Information is information or material about you that can be used to identify, locate, or contact an individual as defined under U.S. state and federal law. Personal information may include but is not limited to your: name, address, email address, telephone number, social security number, driver’s license, and financial information.
YOUR PERSONAL INFORMATION
11. Protected health information (PHI) collected and stored through the Service will be handled in accordance with the standards established by the HIPAA Privacy Rule, including restrictions on its use, storage, and transmission.
Identifiable Health Information
12. Service may use any identifiable health information or other data that You voluntarily submit, to furnish information, products, or services that you wish to request from Platform.
13. Any identifiable health information that You, as a patient, transmit via the Service will be made accessible to Provider and will become a part of the records maintained by Platform.
14. Service may use Your voluntary participation to market special offers and featured services to You, whether from Platform, affiliates, suppliers, or vendors, or other third parties, to the extent permitted by applicable law. If you are receiving additional communications and/or special offers, You may revoke Your authorization to receive such materials at any time by contacting Platform.
15. Service also uses Your information for communication purposes and to customize Your user/browsing experience, and otherwise to respond to Your questions and feedback regarding the use of the Service as may be permitted by applicable law.
16. Service may convey Your information only with the Provider and the supplier/vendor of the Service to the limited extent permitted by applicable law. We require those suppliers and vendors to comply with all applicable data privacy laws and regulations, including the HIPAA.
17. Service may also use Your geographic location to provide You with specific or tailored content to the extent permitted by applicable law.
Non-Identifiable Health Information
18. The non-identifiable, aggregated health information the Service collects may be shared with suppliers and vendors and used in the aggregate to generate summary statistics that assist in the analysis of website usage trends, and help to assess what information is valuable, to determine technical design specifications, to design a user-friendly service, and to evaluate system performance or problem areas.
19. Service may aggregate and de-identify health information, in accordance with HIPAA, either alone or along with other data to generate anonymous Aggregate Data regarding the user pattern of the Service. Aggregate and de-identified data is information that describes the habits, treatment plans, usage patterns, other medical record data and/or demographics of users as a group, without revealing the identity of particular users.
20. Service may use Aggregate Data to understand its users and determine what kinds of programs and services most serve their needs. Aggregate Data may also be provided to third parties, including for the purpose of tailoring content to You by third party vendors, suppliers, business partners and/or affiliates, of acquiring a blueprint of our community and services.
21. Platform might generate reports on business and customer activities to others. Reports will not include any Personal Information, unless with your express consent, or as permitted or required by law.
Other Uses of the Information
22. Service, Platform, and Provider also reserve the right to share Your information collected from the Service, to the extent permitted by applicable law including but not limited to the requirements under HIPAA, and, in the case of identifiable health information, pursuant to the Business Associate Agreement that the supplier/vendor has with Provider.
23. Platform retains full rights to any information acquired via the Service and may freely collect, use and disclose such information, unless prohibited by this Privacy Policy or applicable law as stated above.
SECURITY
24. The Service uses Secure-Socket Layer (SSL) or equivalent technology to ensure the secure transmission of Protected Health Information (PHI). All online transmissions of PHI are protected by advanced encryption and meet the standards required by HIPAA.
Industry Standard
25. Service uses industry standards, such as Secure Socket Layers ("SSL") or Transport Layer Security (“TSL”) technology, geo-blocking, two-factor authentication and login security protocols to safeguard against the aforementioned incidences and/or other security breaches. To ensure confidentiality, the information passed between your browser and our system is encrypted with SSL or TSL technology (which covers any messages exchanged using our secure messaging services, as well as your personal information and PHI) to create a protected connection between you and the Service.
26. Service permits limited access to personally identifiable information about you to supplier and vendor employees and third party agents who we reasonably believe need to have access to your information to cater to your needs requested via the Service. If a breach in our security systems occurs by way of unauthorized access or improper disclosure, Provider will notify you of such a breach as may be required by applicable law.
27. Service does not support the Do Not Track (“DNT”) browser configuration.
Access to Your Information
28. Service will maintain your information and you can upload, store, and access your personal healthcare records and information, including copies of documents, records, images, and information provided by you, by logging into your Service account. Your account information and profile are password protected.
29. You should first consult Platform if you wish to make any amendments to the information stored in your account.
MINOR POLICY
30. We do not have the capacity to monitor or distinguish the age of individuals who access our Service, and so Platform carries out the same Privacy Policy for individuals of all ages. If a minor has supplied Platform or Provider with personally identifying information without the express consent of his or her legal representative, the representative should contact Platform and Provider to restrict access and remove the information.
31. By using our Service, you certify that you are an Authorized User of sufficient legal age with binding legal and financial obligations for any liability you may incur while using the Service.
THIRD PARTY SERVICES
32. While you use the Service, you may be exposed to services or products offered by other companies that are not part of Service ("Third Party Services"). When taking part in Third Party Services, you are responsible for reviewing any terms and conditions governing such Third Party Services. You understand and agree that the company providing the Third Party Services is solely responsible for the Third Party Services.
33. While the Service may contain links to websites operated by other companies ("Third-Party Sites"), it does not control Third-Party Sites and will not be held accountable for the content of, or any links in, any Third-Party Site. Service does not monitor, review, approve, or make any representations with respect to Third-Party Sites.
34. You acknowledge and understand that Third-Party Sites may contain terms and privacy policies that are different from Platform and all access to Third-Party Sites is at your own risk. Platform and Service are not responsible for or bound by such provisions, and expressly disclaim any liability for them.
MODIFICATIONS TO THE PRIVACY POLICY
35. The Platform reviews and updates this Privacy Policy on a regular basis to ensure compliance with applicable regulations, including the HIPAA Privacy Rule. Any changes will be communicated prior to implementation, and information collected prior to the changes will be handled according to the previous provisions.
36. If any part of these conditions shall be deemed invalid, void, or for any reason unenforceable, the provision in question will be deemed severable to the extent of such prohibition or unenforceability without invalidating the remaining conditions hereof. All other provisions set forth in this Privacy Policy shall continue to remain in effect.
AUDITS AND COMPLIANCE
37. The Platform conducts periodic internal audits to ensure that Protected Health Information (PHI) management practices comply with the HIPAA Privacy Rule and applicable local regulations. In addition, we implement ongoing reviews to maintain data security and detect potential risks.
PRIVACY COMPLIANCE CONTACT
38. For any questions or concerns regarding the privacy of your information or compliance with the HIPAA Privacy Rule, you may contact our HIPAA Compliance Officer at privacy@dzeus.com or (787) 333-0770 Ext. 2001.
PATIENT'S RIGHTS
39. You have the right to access a copy of your Protected Health Information (PHI) stored by us. To request access to your PHI, you may contact our HIPAA Compliance Officer using the contact information provided below.
40. You have the right to request corrections or updates to your PHI if you believe it is incomplete or inaccurate. Requests for corrections must be made in writing and submitted to the HIPAA Compliance Officer.
41. You have the right to request restrictions on our use and disclosure of your PHI. While we will make every reasonable effort to comply with your request, please note that we are not required to agree to all restriction requests.
42. You have the right to receive an accounting of disclosures made of your PHI, except for certain exceptions allowed by law. This record will include details of when, why and to whom your information was disclosed.
43. You have the right to withdraw your consent for use of your PHI, except when the information has already been used for purposes permitted by law. To withdraw your consent, you must notify us in writing.
PRIVACY OFFICER AND CONTACT
44. If you have questions or concerns about this Privacy Policy, the handling of your Protected Health Information (PHI) or wish to exercise any of your rights listed above, you may contact our Privacy Officer:
Last Updated: January 21, 2025
TERMS OF USE AGREEMENT
1. This patient portal and its services (“Service”) is provided to you by the digital health platform Dzeus Corporation (“Dzeus”), herein referred to as “Platform” or “Website”. Platform, Providers, and Dzeus are referred to as “We” or “Us.” The third-party provider is a health professional providing consultancy services to You, herein referred to as “Provider.” The term "You" or "Your" refers to the authorized users of this Service, including but not limited to the patient and their care team.
2. The Service allows You to securely communicate Your personal information, and being able to perform other self-service features. The Service is governed by these Terms of Use (“Terms” or “Terms of Use”); as well as our Privacy Policy, and Communications and Telehealth consent agreements if applicable, all of which are incorporated by this reference into these Terms.
3. By selecting “Accept” at the end of these Terms, You understand and agree to the terms and conditions set forth herein in this agreement (the “Agreement”). If you have any questions or concerns about this Agreement or any other terms on Dzeus’ websites, please contact Us by email at support@dzeus.com. We will attempt to respond to your questions or concerns promptly after we receive them.
4. The Service is a private internet application provided and maintained by and proprietary to Platform, on behalf of itself and its subsidiaries. Unless the Platform has specifically authorized You to access the Service, it is a violation of U.S. state and federal law to access the private computer network of another user, or another implementation of the Service to which You are not authorized to access. Use of another’s username and password is not permitted and does not amount to authorization to use this Service.
5. There may be times when the Service is unavailable due to technical problems maintenance (schedule and unscheduled) and/or support activities. Platform shall make reasonable and appropriate efforts to limit such activities to off-peak hours. Platform and Provider will not be held responsible for service outages.
UPDATES TO SERVICE
6. Any changes to our Service will apply both to information You submitted to Us before the time of the revision, and any personal information transmitted after the revision takes effect.
7. The Service may make revisions, changes, updates and/or improvements in products and/or Services provided and described in these Terms or add and remove features at any time without prior notice.
DESCRIPTION OF SERVICE
8. Service is an online platform designed to allow You to communicate and share information with Your Provider. You can exchange secure messages with Your Provider, request an appointment, receive telehealth treatment, view Your Personal Health Record, check on Your lab results, request a prescription refill, fill out Service and Provider satisfaction surveys, complete registration and health information forms, and access educational resources. In addition to Your personal information, maintained in the electronic Personal Health Record by Platform, the Service may also offer certain additional news and features, or third party content. The Provider is solely responsible for directing the medical care, mental health care, and/or treatment that they provide to You. You acknowledge that the Platform and Dzeus are not healthcare providers, and that by using the Service, you are not entering into a medical provider-patient relationship with the Platform or Dzeus.
9. Do not attempt to access emergency care or urgent care through this Service. You understand that in an emergency, You should dial 911 or immediately go to the nearest hospital.
USING THE SERVICE
Accessing the Service
10. Your Service account information and profile are password-protected. You may not permit any other person to access the Service using Your username and password. The security of Your password and the use of Your account is Your responsibility. If You learn or suspect that Your username or password has been wrongfully used or disclosed, You should immediately notify Platform of the breach and reset Your password.
Access to Information by Person with Authorized Access
11. You acknowledge that if You grant another individual access to the information stored within the Service, they are able to view and interact with potentially confidential and/or sensitive information. Privileges You grant to someone can be amended, updated or removed by You at any time and, at Your sole discretion.
Use with Your Mobile Device
12. Use of these Services on a mobile device requires a compatible operating system, internet access and a web browser. You agree that You are solely responsible for the fulfillment of these requirements, including any applicable changes, updates and fees, and the terms of Your agreement with Your telecommunications provider.
Text Messaging
13. The Service may include text message (ie. SMS) communications. Such text message communications may be sent to Your mobile device for purposes including, but not limited to the following categories: healthcare or telehealth related communications; advertising, marketing or promotional communications; prescription or appointment reminders, and account or payment management functions. Any fees associated with receiving an SMS text message will not be the responsibility of Platform. You can turn off receiving SMS messages in the patient portal profile management section, or contact Platform.
SECURE MESSAGING
14. The content of any message exchanged between You and Your Provider may be stored and maintained in Your Personal Health Record. You agree that all interactions through the Service will only be about You and Your own health. Asking for advice or information about another person, who You are not authorized as a caregiver and clearly specifying as such, is a violation of the Terms, and could potentially be harmful to You and others.
15. The secure messaging feature may only be used to ask a non-emergency question, information about a bill or payment, request a refill of an existing prescription or to request a non-emergency appointment, or change to an existing appointment.
16. Patients who use the Service will be notified via email, SMS, IVR and/or mobile push notification when there is new or updated medical information to be viewed on the Service. This means that any person, including a minor, spouse or employer, with access to Your email account or mobile phone may see this notification. While the email or SMS will not include detailed information about Your prescriptions or treatment, the notification that new medical information is available on the Service may still be sensitive information that You would not want to share with others.
17. Your secure messages may be viewed and read by Your Provider, other authorized health care providers, administrators and others who work with Your Provider and Your Provider’s practice; and individuals responsible for maintaining the Platform.
18. The Provider is only able to provide responses to Your messages based on the information You supply. If You do not submit sufficient, complete or accurate information, Your Provider may not be able to communicate effectively with You via the Service and may request that You schedule an appointment.
19. Communications and secure messages sent via the Service may be included in Your Personal Health Record.
NO UNLAWFUL AND PROHIBITED USE
20. You may only use the Service for lawful purposes. In Your access and use of the Service, You agree that You will not: infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of ours or any third party; abuse, defame, harass, or stalk any individual or other user of the Service; interfere or attempt to interfere with, or damage or attempt to damage, the Service or the proper working of the Service; use any technical or manual process to access, copy and/or export any information maintained and stored within the Service; misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity or attempt to use another user’s account; attempt to obtain unauthorized access to the Service; engage, directly or indirectly, in transmission of any type of unsolicited solicitation; engage in any activity that interferes with any third party’s ability to use or enjoy the Service; probe, scan or test the vulnerability of the Service, or breach the security or authentication measures on the Service; or assist any third party in engaging in any activity prohibited by these Terms. We reserve the right to monitor general use of the Platform at any time as it deems appropriate and to remove any materials that, We in our sole discretion, may be illegal, may subject Us to liability, may violate this Agreement, or are, in the sole discretion of Us, inconsistent with our purpose for the Platform.
CANCELLATION OF SERVICE
21. If You want to discontinue Your use of the Service, You agree to contact Platform to request the account be disabled.
22. You understand that once Your account has been terminated, You will no longer be able to use or access the Service.
23. You understand that any information stored in the Service at the time Your account is closed will be archived in our database, as per HIPAA regulations.
PAYMENT POLICY
24. You agree to pay Platform for the performance of the Services in accordance with the rates and fees specified by the Platform.
25. Platform reserves the right to deny Services if Your account is delinquent.
NOT MEDICAL ADVICE
26. You acknowledge and agree that Platform (and Dzeus) does not offer medical advice, including any patient education found in the Service.
YOUR INFORMATION
27. Your interactions with the Service (such as secure messaging, scheduling and completing questionnaires) are interactions with Your Provider. The information exchanged during these interactions is not a complete and comprehensive overview of all the data in Your Provider’s electronic health record.
28. You have an obligation not to transmit any information, video or image through the Service that violates the privacy and publicity rights of others. No material submitted or shared through the Service can be of bullying, harassing or discriminatory nature.
THE USE OF INFORMATION, UNIQUE USERNAME AND PASSWORD
29. You will create Your own account with the Service by choosing a unique username and password. You agree not to share Your account information for the Service with anyone else, unless explicitly stated otherwise.
30. Once You are granted access through Your unique username and password You are authorized by the Provider to use the Service in accordance with these Terms and in compliance with all applicable laws, rules and regulations.
31. You are solely responsible for any activities related to Your username and password. You will immediately report: any inappropriate or unauthorized access to Your account; any loss or disclosure of Your username or password; any actual and/or suspected unauthorized, or otherwise improper access to or disclosure of personal health information.
32. Platform reserves the right to discontinue Your access to the Service at any time in its sole discretion. You will be notified if Platform revokes Your access to the Service.
33. You shall always log out of the Service once the session is completed and before leaving Your computer.
34. If You use the Service with a wireless device, You are solely responsible for the security, and the privacy policies therein, during the session.
COPYRIGHT AND TRADEMARK NOTICES
35. Dzeus Corporation has copyrights of all content in Service. All rights reserved.
36. All content stored by the Service is the property of Platform and/or its licensors and is protected by applicable law, unless explicitly stated otherwise. The use of the material provided by the Service is not permitted, except in connection with Your authorized usage of the Service, in accordance with the Terms stated herein.
37. The names, words, symbols, logos and graphics representing the Service and Platform are the trademarks or registered trademarks of the Service and Platform and are protected by trademark laws.
38. All trademarks and distinctive brand features remain the exclusive property of Platform and users of this Service are not authorized to exploit the Providers marks, including but not limited to, as metatags or in any other fashion which may give an inaccurate impression of affiliation or sponsorship with or by Platform.
MODIFICATIONS AND TERMINATION
39. The Service at its own discretion may at any time place limits on, amend, suspend or discontinue the Service, or portions thereof, without giving advance notice. Moreover, notwithstanding the rights You may have to Your personal information and/or electronic health record data shared during the Service if any, the Service and/or Platform may terminate Your account and delete all data associated with Your account, if Platform deems that You have violated the Terms set forth in this Agreement.
40. Service will notify registered users of any amendments made to these Terms, and/or prompt users to review and accept the new Terms at next login. We encourage You to periodically review these Terms to see if there have been any changes to our policies that may affect You. If You do not agree to revised Terms, You must cease using the Service.
41. Your continued use of the Service constitutes Your acceptance of the modified Terms.
42. You agree to indemnity, defend, and hold Platform, Dzeus, the Service and its Suppliers harmless from and against all claims, damages, and expenses arising out of or related to Your use of Service in violation of this Agreement.
WARRANTY DISCLAIMER
43. You acknowledge and agree that the Service, affiliates, licensors, third party content or service providers, dealers and suppliers (collectively known as the "Suppliers"), together with Platform and Dzeus have not represented the Service as having the capacity to be used to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine. Any diagnoses, or prescribing treatments are the responsibility of the Provider.
44. The Service provided in this Platform, Dzeus and the Providers make no representations about the suitability, reliability, availability, timeliness, and accuracy of Service.
45. Additional Warranties:
(a) Service, Platform, Dzeus, Suppliers and Provider hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Neither Service, Dzeus, Suppliers or Provider will be responsible for any errors or omissions in the Service. You assume all risks for selection and use of Service.
(b) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
46. Notwithstanding anything to the contrary contained in this Agreement, Service, Dzeus, Suppliers and Provider shall not be liable to authorized users or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages (including any damages for business interruption, loss of data, loss of use, attorneys’ fees, lost revenues or lost profits), whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Platform, Service, Suppliers, Provider, or Dzeus has been informed of the possibility of such damages. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
47. Neither Service, Platform, Dzeus, Suppliers nor Provider will be liable for any damages exceeding the greater of the fees paid by You for Your service connection.
48. In no event Service, Platform, Dzeus, Suppliers nor Provider assume any liability to any party other than You arising out of Your use or inability to use the Service.
49. If You are not satisfied with any portion of Service, or with any of these terms, Your sole and exclusive remedy is to terminate using Service.
IN GENERAL
50. You understand that the performance of these Terms is governed by U.S. state and federal laws. All disputes, which arise out of or are connected to, the use of the Service, are bound by the exclusive jurisdiction of the principal location of Platform.
51. Platform may at any time assign its rights and duties at its own discretion without notifying You.
52. If any part of these Terms shall be deemed invalid, void, or for any reason unenforceable, the provision in question will be deemed severable to the extent of such prohibition or unenforceability without invalidating the remaining conditions hereof. The unenforceable term(s) shall not affect the validity of any remaining term hereof.
53. Unless explicitly stated otherwise, these Terms constitute the entire agreement between You, Platform, Dzeus, and Your Provider and these Terms supersede and extinguish any preceding arrangements and understandings, as well as contemporaneous communications, whether written or oral, relating to the use of the Service.
CONSENT TO COMMUNICATIONS
1. Through this Agreement You consent to the communication methods adopted by Platform and to be contacted at any time through a mobile device, phone call, SMS text message, email and any other communication method specified by Platform, on the condition that these communications comply with privacy regulations.
2. You authorize Platform and Provider to contact You for legitimate Service purposes, including: appointment and clinical reminders; clinical communications; Platform business changes; new patient information; prescription refill status; and telehealth encounter information. Not all prescriptions fulfilled by pharmacies use child-resistant packaging and Your prescription product may not be dispensed in a child-resistant container.
3. You authorize Platform and Provide to reach You at any time via: secure portal messaging; phone call; SMS text messages; live chats; mobile phone; email or regular mail.
4. You agree that, if Your mobile number, as listed in Platform, is used for more than one patient, all communications as consented to above will be sent to that number.
CONTACT INFORMATION CHANGE
5. You further accept Your responsibility to provide Platform updated contact information and to notify Platform when Your contact information changes.
CONSENT CANCELLATION
6. You can revoke this Communications Consent Agreement at any time by contacting Platform through the following manner support@dzeus.com.
AGREEMENT TO TELEHEALTH SERVICE
1. Through this Agreement You authorize and consent to healthcare provider (“Provider”) treatment and the Platform payment policies, including Your consent to receive medical care from Provider using the patient portal and/or telehealth technology (“Service”), as described below.
2. The medical consulting services provided by the Provider through our Platform are not a substitute for the services You may receive from Your primary care physician.
WHAT IS TELEHEALTH?
3. Telehealth enables the exchange of individual patient medical information between You, Platform, and Your Provider facilitating health care for You without an in-person office visit.
4. The information shared may be used for diagnosis, prescriptions, therapy, follow-up and/or education, and may include any of the following: patient medical records; medical images; live two-way audio and video; output data from medical devices; and sound and video files.
5. Do not attempt to access emergency care or urgent care through this Service. You understand that in an emergency, You should dial 911 or immediately go to the nearest hospital.
SECURITY
6. You understand that telehealth services may include the electronic exchange of personal medical information with healthcare practitioners who may be located in different areas to You, including out of state. Platform and Provider will take reasonable and appropriate steps to ensure that Your health information will not be seen or interfered with by non-authorized persons.
7. To protect Your confidentiality, Your identity and to maintain the integrity of the data submitted before and during the telehealth service, electronic systems will incorporate robust network and software security protocols to safeguard the information from intentional or unintentional corruption. You agree to hold harmless Platform and Dzeus, if security protocols fail, causing a breach of privacy of personal medical information.
DUTY OF CARE
8. You agree to truthfully respond to all compulsory health questions, provided an image and/or have had a scheduled video visit and made payment; and after the Provider has reviewed Your request for telehealth treatment and then subsequently concluded that You qualify for the Service. The Platform, Supplier, and Dzeus have no duty of care for You.
9. The Platform does not accept insurance or medical plans as methods of payment or co-payment. You understand and agree to not submit any request for reimbursement to Your medical plan, Medicare, or Medicaid, for products and Services received while using our Service. By choosing to use the Platform, You are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program.
10. If Provider makes a professional judgment that You are not suitable to receive telehealth services, Provider has the right to decline responsibility for Your care.
11. You acknowledge that there may be a delay until the next business day before Provider reviews Your messages and/or Your treatment inquiry.
PRIVACY
12. You understand that You are obliged to notify Provider of Your location at the beginning of each treatment session. You must notify Your Provider immediately if for some reason You change locations during the telehealth encounter.
13. To maintain confidentiality, You will not share Your telehealth account details or appointment link with anyone not authorized to attend the session. If there are any other persons in the same location as You, either on or off camera and who may be able to hear or see You, You must alert Your Provider of this before or at the beginning of the session.
14. You understand that it is Your obligation to disable any virtual assistant artificial intelligence devices, such as Alexa or Echo, if these devices are positioned in close proximity.
15. You agree that You will not record either through audio or video any of the sessions, unless You notify Your Provider and it is then expressly agreed upon.
BENEFITS OF USING OUR SERVICE
16. You understand and agree that there are vital differences between telehealth encounters and traditional forms of treatment. When using the Service, You will not have an in-person appointment with Your Provider and/or a physical exam that may help in the diagnosis of a medical condition that needs further attention or immediate treatment.
17. You understand that the potential benefits of using telehealth technology include: access to medical evaluation, diagnosis and treatment if You are unable to reach Provider’s office for an in-person appointment; and more efficient and accessible communication between You and Your Provider.
RISKS OF USING OUR SERVICE
18. You understand that by using telehealth technology You may expose Yourself to potential risks, such as:
Image or video transmissions with inadequate quality, which could result in Your telemedicine appointment being rescheduled or You having to make an appointment with Your local medical provider;
Lack of access to medical technology, such as imaging, EKG, ECG, x-ray, laboratory and other medical tests, and/or access to prescriptions that may assist the Provider in making a diagnosis and/or determining appropriate treatment;
Delays in treatment, diagnosis or evaluation as a result of technological problems; and
Adverse reactions or allergic reactions caused by medications due to lack of comprehensive access to a medical record.
19. You understand that Platform, Dzeus and Your Provider will not be held accountable for any technical issues or interruptions which they have no control over, which may include problems with software, hardware and internet connection. You further acknowledge that Your Provider does not guarantee that the technology will work without error.
TRUTHFUL INFORMATION
20. You understand that Your Provider’s medical advice may be founded on information not within Provider’s knowledge or control, such as inaccurate or incomplete facts or data transmitted by You.
21. You understand that Your Provider bases treatment decisions on the data supplied by You before, during and after Your telehealth sessions.
22. You agree to, at all times, provide truthful, complete and accurate information about Your medical history, including present and past condition(s) and treatment(s), to Your Provider.
23. You understand that by using the Service You seek to enter into a Doctor-Patient Relationship (DPR) where the Provider decides whether the treatment plan is appropriate based exclusively on the information You provide.
24. You understand that Platform and Provider do not have the capacity to verify the information, videos or images that You provide and that Your Provider will therefore deem all submissions to be truthful, complete and accurate. If You transmit images or videos that have been edited, are not of You and/or are not taken within the agreed time frame, then You are at risk of receiving treatment that might not be necessary, appropriate, or safe.
25. You understand that even if all information, videos and images are truthful, complete and accurate, You might still experience adverse effects from the telehealth treatment Your Provider prescribed accordingly.
TREATMENT PLAN
26. You understand that by using the Service, You are giving Your express consent for Your Provider to access Your medication history, where it's available and that, if appropriate, the Provider may take this information into consideration when prescribing a treatment.
27. You understand that the care provided by your Provider is following the prevailing medical standards and clinical guidelines, but Your Provider makes no guarantees or assurances as to the outcome of the telehealth treatment and the consultations and prescriptions therein.
28. You understand that all the drugs and medications that Your Provider may prescribe or recommend can cause adverse side effects that include, but are not limited to, severe allergic reactions, temporary or permanent disabilities, and/or death.
29. You agree to carefully weigh the risks and benefits of the drugs and medications prescribed, the risks and benefits of receiving the recommended treatment and contemplate whether alternative treatments are available, and whether there is an option of not seeking any treatment at all, before accepting the proposed treatment plan by Provider.
30. You further acknowledge the importance of referring to the manufacturer's leaflet for the administration, precaution and potential side effects of the prescribed medication.
31. You understand that You have the option to request that Your prescription be sent to Your e-mail address in the event that You decline to use our Service's pharmacy and choose to use a pharmacy provider of Your choice.
MEDICAL ADVICE
32. You understand that the only communications in the Service that constitute professional medical advice are the personalized messages the Provider sends You and any content linked therein, and the medical advice the Provider offers during a telehealth consultation. You understand that no other content in the Service constitutes professional medical advice and is instead for information purposes only.
PAYMENT POLICY
33. You agree to pay Platform for the performance of the Services in accordance with the rates and fees specified by the Service.
34. Provider and Platform reserve the right to deny non-emergency services if Your account is delinquent.
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