DigitalCareForMe Terms of Use and TCPA Consent

Last Updated: January 1, 2024

Thank you for using services provided by DigitalCareForMe, LLC, an Ohio limited liability company d/b/a Symliphy ("DC4ME"), which is a virtual healthcare platform that offers through its mobile app and/or website connection to asynchronous and/or live telehealth services provided through individual, third-party healthcare providers and/or groups (collectively, "HCPs"). DC4ME does not provide healthcare. Rather, DC4ME makes certain features, products, and services available to you when you visit the DC4ME website or app, so that you may use DC4ME products or services, which may or may not be provided by certain third parties, interact or communicate with an HCP via our website or app, or interact or communicate with DC4ME (collectively, the "DC4ME Services").

Before using the DC4ME Services, please read these Terms of Use, HIPAA Authorization, and the DC4ME Privacy Policy (collectively, the "Agreement"). By clicking "I Agree" while creating your DC4ME account and using the DC4ME Services, you agree to be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you may not use DC4ME Services; instead, you may work directly with participating HCPs or seek care elsewhere.

These Terms of Use and the Agreement are subject to change, and by clicking "I Agree" you agree to any and all amendments, modifications, and changes DC4ME may make to the Agreement and all components/sub-agreements thereof.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE SAS PROVIDED HEREIN.

DC4ME SERVICES

Through DC4ME, physicians, physician assistants, and nurse practitioners practicing on their own or who are employed and/or contracted by HCPs that are provider groups ("Clinicians") offer asynchronous and/or live telehealth services to DC4ME customers. DC4ME does not practice medicine or nursing, and does not interfere with or otherwise influence the Clinicians' exercise of their professional judgment in providing healthcare services. Each Clinician and/or group of Clinicians is responsible for exercising their own professional judgment and complying with all requirements applicable to their profession and license.

By accepting this Agreement, you acknowledge and agree that DC4ME and/or Clinicians may send you messages, reports, and emails via portals made available by DC4ME regarding your diagnosis and/or treatment. You understand and agree that DC4ME and the Clinicians are not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via DC4ME's communications services. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither DC4ME and the Clinicians nor any individual provider will be responsible in any way and that you will not hold DC4ME, the Clinicians, or any one provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from DC4ME, the Clinicians, or any one provider.

While you are not establishing a doctor-patient or other health care provider-patient relationship with DC4ME, by using the DC4ME Services you are establishing a direct consumer relationship with DC4ME to use the DC4ME Services, including the purchase of any non-prescription products or non-medical services sold directly to you by DC4ME via the DC4ME Services. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the Privacy Policy for additional information.

PRIVACY OF YOUR HEALTH INFORMATION

Protected Health Information ("PHI") is defined in the Health Insurance Portability and Accountability Act of 1996 (commonly referred to as "HIPAA"), and includes information such as a person's medical history, diagnoses, treatments, current medical condition, and use of prescription medications. Via the DC4ME app and/or on DC4ME's website, HCPs will be transmitted your PHI to provide you with asynchronous and/or live telehealth services, which collection may come in the form of answering questionnaires regarding your symptoms or otherwise providing information regarding your symptoms and/or general health condition. When PHI is collected or ultimately used by an HCP (or is received by DC4ME in its capacity as a service provider to an HCP) it is governed by the HCP's Notice of Privacy Practices, and not any DC4ME notice or policy. Your HIPAA Authorization form also covers this disclosure of PHI. Please see the HCP's Notices of Privacy Practices for more information on HIPAA, PHI, and how you may access your PHI.

ELIGIBILITY AND AVAILABILITY

You may only use DC4ME Services if you are eligible. By using DC4ME Services, you acknowledge and agree that (i) you are not enrolled in any Medicare or Medicaid program or plan; (ii) you will pay directly for any medical services provided and products or drugs prescribed to you; and (iii) HCPs will not bill any other third party, including a federal or state healthcare program, for such medical services or prescribed drugs or products. For more information on DC4ME's current eligibility criteria, please visit our website or mobile app. We reserve the right to make changes to our eligibility criteria at any time. In the event that you lose eligibility for DC4ME Services, we may suspend your access to DC4ME Services, but you may still access your PHI in accordance with your HCP's Notice of Privacy Practices.

Certain DC4ME Services may only be available in a limited service area. Through the DC4ME website and/or mobile application, we determine which DC4ME Services are available to you, based on your location. You agree to refrain from using any technology or technique to obscure or disguise your location when using DC4ME Services.

DC4ME reserves the right to monitor general use of the DC4ME Services at any time as it deems appropriate and to remove any materials that, in DC4ME's sole discretion, may be illegal, subject DC4M to liability, violate the Agreement, or are, in the sole discretion of DC4ME, inconsistent with DC4ME's purpose for the DC4ME Services.

DC4ME ACCOUNT

You will need a DC4ME account to use DC4ME. If you are under 18 years of age or 65 or older, you may not use DC4ME Services; instead, if you are under 18 years of age, your parent will need to use DC4ME for you. You agree to provide and maintain true, current, and complete information about yourself in the account. You may establish and use a personal identification number to create and access DC4ME Services. If you do not set a personal identification number, other people with whom you share your DC4ME account might be able to access information regarding your DC4ME visits, including treatment plans and correspondence with HCPs and their Clinicians.

HEALTH-RELATED CONTENT

For health-related content provided by DC4ME and not directly from an HCP, we try to be as accurate as possible. However, such content is for reference only and describes general principles of healthcare and side effects related to common medications, and are not specific instructions for individual patients. If you have any questions about health-related content, please contact us at dataservices@symliphy.com or reach out to your HCP.

PAYMENT OBLIGATIONS

DC4ME is not enrolled with, and is not a participating provider with, any federal or state healthcare programs (i.e., Medicare, Medicaid) or private health insurance programs for the provision of any healthcare or related services/supplies and, as such, neither you, DC4ME, the Clinicians, or any providers may receive payment from such programs for the services or products provided to you as you use the DC4ME Services. Further, to the extent that any Clinician, HCP, or individual provider may be enrolled in federal, state, or private healthcare programs, the means through which the DC4ME Services are provided typically precludes such services and products from being covered benefits under these programs. By choosing to use the DC4ME Services, you are specifically choosing to obtain products and services on a cash basis outside of any federal, state, or private healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.

By agreeing to use the DC4ME Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and that you have sole financial responsibility for all services or products provided to you by or through the DC4ME Services; and (2) neither you nor DC4ME and/or any Clinician, HCP, or provider will submit a claim for reimbursement to any federal, state, or private healthcare program for the costs of the services and products provided to you through the DC4ME Services.

COMMUNICATIONS WITH DC4ME SERVICES

You consent to receive communications (including emails, texts, mobile push notifications, or notices and messages on DC4ME's website or through other DC4ME Services) by or on behalf of DC4ME to any email address, phone number, or mobile device associated with your DC4ME account or otherwise directly or indirectly provided to DC4ME. Communications we send to you may include information about your treatment, or benefits, and, in connection with such communications, we may use pre-recorded/artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or DC4ME personal identification number with others, those individuals might also be able to see this information. Our HCPs' Notices of Privacy Practices provide more information on how you may receive communications from us and from the HCPs with whom we work. We encourage you to obtain such notice from your HCP and review. Any such communications may come from an automated telephone dialing system ("ATDS").

REFUNDS

Please see DC4ME's help content either in the app or on the website for information about refunds.

OTHER INFORMATION

The DC4ME Privacy Policy governs all information gathered by DC4ME in connection with DC4ME Services that is not PHI (for example, version and time zone settings, device type, or operating system associated with the DC4ME mobile application).

CONSENT TO CARE

In the app or on our website, each HCP must obtain a patient's consent in order to provide telehealth services. You will have the opportunity to review your HCP's patient consent for medical treatment ("Informed Consent") prior to seeking telehealth services from that HCP. If you do not accept the Informed Consent, the HCP will not be able to provide telehealth services to you.

PRICING OF TELEHEALTH SERVICES

The total cost for the telehealth visit you choose will be provided to you prior to engaging in the telehealth visit. By electronically consenting to receive a telehealth service, you are agreeing to pay all applicable charges for that service, regardless of the treatment outcome. At this time, insurance is not accepted for telehealth services provided through DC4ME.

PRESCRIPTION MEDICATION

Certain products available through the DC4ME Services require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed an asynchronous and/or live consultation with a Clinician, HCP, or provider, and such individual(s) has determined the prescription product is appropriate for you and written a prescription.

If a Clinician, HCP, or provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the pharmacies directly contracted by DC4ME, filling the prescription at any pharmacy of your choice as prompted during your use of the DC4ME Services. Not all prescriptions fulfilled by a pharmacy use child-resistant packaging and your prescription product may not be dispensed in a child-resistant container.

If you decide to fill a prescription in the course of using the DC4ME Services, you will be responsible for picking up the prescription and for all matters related to payment and/or billing. DC4ME, the Clinicians, HCP, and any providers only provide the health diagnostic and consultation services that generate the prescription.

CONSENT TO USE OF TELEHALTH SERVICES

Telehealth involves the delivery of health services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person care in all cases. In order to use the DC4ME Services, you will be required to review and agree to an informed consent regarding the use of telehealth (the "Telehealth Patient Consent") that will be provided to you. You agree that DC4ME is a direct beneficiary of the Telehealth Patient Consent, and that the Clinicians, HCPs, and any other providers engaged in the course of provision of the DC4ME Services are third-party beneficiaries of the Telehealth Patient Consent and that all of the aforementioned have the right to enforce it against you.

DUTY TO PROVIDE INFORMATION, ACCESS, AND CONNECTIVITY

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements necessitated by the DC4ME Services) to enable use of the DC4ME Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the DC4ME Services. You also have a duty to provide truthful, accurate, and complete information in any form(s) or other communications you submit to or through the DC4ME Services. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the DC4ME Services at any time without prior notice.

PROHIBITED USE

You are prohibited from using or attempting to use the DC4ME Services: (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) in any manner that could interfere with any other party's use and enjoyment of the DC4ME Services; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data, or information not intended by DC4ME to be made accessible to a user; (vi) to obtain any materials, or information through any means not intentionally made available by DC4ME; (vii) to reverse engineer, disassemble or decompile any section or technology on the DC4ME Services; or (viii) for any use other than the business purpose for which it was intended.

In addition, in connection with your use of the DC4ME Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another's right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any DC4ME representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another's computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the DC4ME Services' communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the DC4ME Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the DC4ME Services or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the DC4ME Services, or copy, download, distribute or reproduce any content or information on the DC4ME Services; or (p) assist or permit any person in engaging in any of these activities.

DC4ME reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. DC4ME may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, DC4ME reserves the right, at all times, to disclose any information as DC4ME deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DC4ME's sole discretion.

INTELLECTUAL PROPERTY

With the exception of your electronic medical record, DC4ME retains all right, title, and interest in and to all websites and/or applications, the products comprising the DC4ME Services and any information, products, documentation, software, or other materials related thereto, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information licensed by DC4ME (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of DC4ME, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of DC4ME trademarks, service marks, and logos are strictly prohibited without the prior written permission of DC4ME, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos that appear in the course of using the DC4ME Services. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by DC4ME, or the third-party owner of such trademarks, service marks, and/or logos. The DC4ME Services may contain other proprietary notices and copyright information, the terms of which you agree to follow. DC4ME may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

TERMINATION

DC4ME may terminate your rights under this Agreement without notice if you fail to comply with any of its terms. Further, DC4ME may terminate or suspend your access to and use of the DC4ME Services and/or your DC4ME account without notice, for any reason, at any time. In case of such termination, DC4ME may immediately revoke your access to DC4ME Services without refunding any fees. If your DC4ME account is suspended or terminated, you may still access your PHI in accordance with your HCP's Notice of Privacy Practices. DC4ME's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

MODIFICATIONS

We reserve the right to make changes to or end DC4ME Services at any time. We also reserve the right to make changes to the Agreement at any time, and your continued use of DC4ME Services following the posting of changes to this Terms of Use Agreement means that you continue to agree to its terms, including the DC4ME help content, and all other applicable rules, policies, and terms posted on the DC4ME website. If any term is deemed invalid, void, or for any reason unenforceable, that term is deemed severable and will not affect the validity and enforceability of any remaining terms.

DISCLAIMER OF LIABILITY FOR HCP SERVICES

HCPS ARE THIRD-PARTY PROVIDERS OF HEALTHCARE SERVICES. DC4ME EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY OR LIABILITY FOR HEALTHCARE SERVICES PROVIDED BY AN HCP. EACH HCP MAY CHANGE OR DISCONTINUE ITS HEALTHCARE SERVICES AT ANY TIME, AND DC4ME HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU. DC4ME HEREBY DISCLAIMS ANY LIABILITY FOR ANY HEALTHCARE SERVICES PROVIDED BY AN HCP AND OBTAINED THROUGH THE DC4ME SERVICES.

To provide the DC4ME Services, DC4ME contracts with GenieMD Medical Group, an independent, physician-owned medical group with a network of United States-based HCPs that provide clinical telehealth services, both asynchronous and live. HCPs are independently contracted or employed by GenieMD Medical Group, and are not contracted or employed by DC4ME. The HCPs themselves, and not DC4ME, are entirely responsible for the quality and appropriateness of the care they render to you. HCPs merely use DC4ME Services and DC4ME applications and websites as a way to communicate with you. Any information or advice received from an HCP comes from them alone, and not from DC4ME. Your interactions with HCPs through the DC4ME Services are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither DC4ME, nor any of its subsidiaries or affiliates, or any third party who may promote the DC4ME Services or link in any way to the DC4ME Services, shall be liable for any professional advice obtained from an HCP via the DC4ME Services, nor any information provided therein. DC4ME does not recommend or endorse any specific HCPs, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any HCPs or information delivered by the HCPs via the DC4ME Services is solely at your own risk and you assume full responsibility for all risks associated herewith. DC4ME does not make any representations or warranties about the training or skill of any HCPs who deliver services via the DC4ME Services. You will be provided with available HCPs based solely on the information you submit in using the DC4ME Services. You are ultimately responsible for choosing your particular HCP.

DISPUTES

This Agreement is governed by the laws of the State of Ohio, without reference to its conflict of law rules. Each party agrees to exclusive personal jurisdiction and venue in the federal and state courts in Warren County, Ohio, for any dispute arising out of this Agreement.

DISCLAIMERS

Content and other information contained on the Service is provided by DC4ME as a convenience. Users relying on Content or other information from the Service do so at their own risk.

THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. DC4ME AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE DC4ME SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. DC4ME DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. DC4ME DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DC4ME BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE DC4ME SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE DC4ME SERVICES OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DC4ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DC4ME SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $500.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold DC4ME and any third parties offering products or services through the DC4ME Services, including all Clinicians, HCPs, and providers, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising from your use of the DC4ME Services, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

ELECTRONIC COMMUNICATIONS

When you access or use the DC4ME Services or send emails or SMS messages to us, any Clinician, HCP, or provider, you are electronically communicating with such. By clicking "Accept," you consent to receive communications from us (directly from DC4ME or its agent/vendor), the Clinicians, HCPs, and/or providers electronically. We will communicate with you via email, SMS messaging, or through the DC4ME Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. To opt out of text messages and/or other communications sent by us or a vendor/agent of ours, simply uncheck the type of communication you wish to no longer receive by logging into your Symliphy profile and opening "Edit Patient" as shown on the screenshot below.

Consent to communications via text, email, or electronic means is not required as a condition of purchasing any goods or services from DC4ME or any of its affiliates/vendors.

TCPA CONSENT

Active communication with our patients is a key element in providing high quality health care services. To that end, DC4ME desires to communicate timely information regarding health care services and functions to you in the most effective means possible, including via automated telephone and text messaging. Federal law requires that we obtain your consent prior to communicating with you via these means. We apologize for the formality of this consent, but it is required under law.

By clicking "I Agree" as you create your DC4ME account, you authorize the use of your personal information, the name of your care provider, information regarding your appointment and/or prescription, and other limited information, for the purpose of notifying you of a pending appointment or other treatment event, missed appointment or other treatment event, balance due, prescription(s), and any other healthcare-related function related to your use of DC4ME Services. You consent to receiving potentially multiple text messages per day from DC4ME, its affiliates, and/or your healthcare provider, when necessary, and you consent to allowing messages being left on your voicemail, answering system, or with another individual, if you are unavailable at the number you provided DC4ME.

You also authorize any of DC4ME's affiliates, agents, vendors, or independent contractors to contact you through the use of any dialing equipment or an artificial voice or prerecorded voice or other messaging system, at any telephone number associated with your account, including wireless telephone numbers, provided by you or found by means of skip tracing methods even if you are charged for the call, as well as through any email address or other personal contact information you supply. You expressly consent to receive any such automated calls and/or text messages. You understand that, depending on your phone plan, charges may apply to certain calls or text messages. You also understand that communication platforms may transmit information via unsecure methods which includes a risk that the information could be viewed by an unintended third party. You understand these risks and consent to having these communications sent via unsecure methods.

ENTIRE AGREEMENT

This Agreement and any other agreements you and DC4ME may execute from to time constitute the entire agreement between DC4ME and you in connection with your use of the DC4ME Services and supersede any prior agreements between DC4ME and you regarding use of the DC4ME Services, including prior versions of this Agreement.

NO AGENCY RELATIONSHIP

Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and DC4ME, the Clinicians, the HCPs, providers, or any other parties. You may not enter into any contract on our behalf or bind us in any way.

ASSIGNMENT

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. DC4ME may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of DC4ME or to a third party in the event that some or all of the business of DC4ME is transferred to such other third party by way of merger, sale of its assets, or otherwise.

THIRD PARTIES

Any use of third-party software provided in connection with the DC4ME Services, or any third-party goods and services accessed or used in connection with the DC4ME Services, will be governed by the applicable third party's license or terms of use, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the DC4ME Services must comply with all applicable third-party terms of agreement, if any.