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Terms and Conditions

Effective Date: December 18, 2024
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO SECTION 19 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION, WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.AMONG OTHER ACTIVITIES, DIRECT CARE AI’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. THEY DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.THESE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.

Introduction
DirectCare.ai and its affiliates (“DirectCare.ai,” “we,” “us,” or “our”) own and operate the websites located at www.directcare.ai and any associated mobile applications (“Apps”). Collectively, these websites and Apps, along with the services we provide, are referred to herein as the “Services.” By using the Services, you agree to these Terms and Conditions of Use (“Terms of Use”).These Terms of Use describe your rights and responsibilities with regard to the Services. Your access to and use of the Services are subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. Additional or supplementary terms may be presented to you when using specific Services, and you agree to review and comply with them.If you do not or cannot agree to these Terms of Use, you may not use the Services.

Contents
Services Overview, Availability, and Eligibility
Telehealth, Pharmacy, and At-Home Testing Services
Your Financial Responsibility; No Insurance
Membership Terms and Conditions
Registration and Account Creation
PrivacyOwnership and License to Use the Services
User Content and DirectCare.ai’s License to Use Such Content
Copyright Notices
Restrictions on Use
Disclaimer of Warranties
Limitation of Liability
Indemnification
Third-Party Links and Features
Changes to the Terms of Use and the Services
Payments
Termination
Governing Law; Severability
Dispute Resolution: Binding Arbitration Clause and Class Waiver
Communications by Text Message and Email
Miscellaneous Terms
Contact Us
Notice to Patients - Open Payments Database

Terms and Conditions of Use

1. Services Overview, Availability, and EligibilityOverview of the ServicesThe Services may include:Providing information on health care and wellness.Facilitating access to telehealth and pharmacy services.Providing tools for managing certain health conditions.Supporting the scheduling and payment of health care and pharmacy services.Enabling telecommunication with health care providers.AvailabilityThe Services are available only to individuals located in certain regions, and you will be notified of any location-based limitations.EligibilityTo use the Services, you must:Be at least 18 years old (or have parental or legal guardian consent if allowed).Be located in a state or region where we operate.Agree to these Terms of Use.

2. Telehealth, Pharmacy, and At-Home Testing ServicesTelehealth ServicesTelehealth involves the delivery of health care services through electronic communications. These services are not intended for emergency or crisis situations. Please review our Consent to Telehealth for additional details.Pharmacy ServicesYou may have the option to use a partner pharmacy network to fill prescriptions. Your personal and health information will be shared as necessary to fulfill pharmacy services.At-Home Testing ServicesAt-home testing is provided for informational purposes only and is not intended for diagnostic use without further consultation with a licensed healthcare provider.

3. Your Financial Responsibility; No InsuranceBy using the Services, you agree to pay for all products and services on a cash-pay basis. DirectCare.ai does not accept insurance. You are solely responsible for payment and agree not to seek reimbursement from insurance providers.

4. Membership Terms and ConditionsCertain programs may be offered on a subscription basis. These memberships are subject to recurring fees, which will be disclosed during the sign-up process. Please review any specific membership terms provided.

5. Registration and Account CreationYou may be required to create an account to access the Services. You agree to provide accurate and up-to-date information and to safeguard your account credentials. Unauthorized use of your account must be reported immediately.

6. PrivacyOur Privacy Policy explains how we collect and use your information. By using the Services, you consent to our data practices as described in the Privacy Policy.

7. Ownership and License to Use the ServicesDirectCare.ai retains all rights to the Services and their content. You are granted a limited, non-exclusive, and revocable license to use the Services for personal purposes only.

8. User Content and DirectCare.ai’s License to Use Such ContentAny content you provide through the Services may be used by DirectCare.ai for purposes such as improving or marketing the Services. This excludes information protected under privacy laws.

9. Copyright NoticesDirectCare.ai complies with the Digital Millennium Copyright Act (DMCA). If you believe copyrighted material has been used improperly, please contact us at [email protected].

10. Restrictions on UseYou agree not to:Impersonate others, engage in unlawful activity, or reverse-engineer the Services.Use the Services for any unauthorized or commercial purpose.Interfere with or harm the Services or their users.

11. Disclaimer of WarrantiesThe Services are provided “as is” without warranties of any kind. DirectCare.ai disclaims all warranties, express or implied.

12. Limitation of LiabilityTo the fullest extent permitted by law, DirectCare.ai is not liable for any indirect, incidental, or consequential damages arising from your use of the Services.

13. IndemnificationYou agree to indemnify and hold DirectCare.ai harmless from any claims or damages arising from your use of the Services or violation of these Terms of Use.

14. Third-Party Links and FeaturesThe Services may include links to third-party content. DirectCare.ai is not responsible for these third-party services or their content.

15. Changes to the Terms of Use and the ServicesDirectCare.ai reserves the right to modify these Terms or the Services at any time. Continued use of the Services constitutes acceptance of the changes.

16. PaymentsAll fees for Services are non-refundable unless otherwise specified. Payments must be made promptly to ensure continued access to the Services.

17. TerminationDirectCare.ai may terminate your access to the Services at any time for any reason. Certain provisions of these Terms will survive termination.

18. Governing Law; SeverabilityThese Terms are governed by the laws of the State of Delaware. If any provision is found unenforceable, the remaining provisions remain valid.

19. Dispute Resolution: Binding Arbitration Clause and Class WaiverAll disputes will be resolved through binding arbitration on an individual basis. Class action lawsuits and jury trials are waived.

20. Communications by Text Message and EmailBy providing your contact information, you consent to receiving communications from DirectCare.ai. You may opt out of promotional communications at any time.

21. Miscellaneous TermsThese Terms constitute the entire agreement between you and DirectCare.ai. No waiver or modification of these Terms will be effective unless in writing.

22. Contact Us
If you have questions about these Terms, please contact us:

DirectCare.ai
Email: [email protected]