Virtual Primary Care Service Agreement

What is this document?

This Virtual Primary Care Service Agreement ("VPC Agreement") is a binding agreement between you and HealthTap, Inc. ("HealthTap") that sets forth the terms and conditions under which you may access and use the virtual primary care service offered by Medical Experts through Virtual Consults on the App ("VPC Service"). BY USING THE VPC SERVICE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE VPC SERVICES.

This VPC Agreement is entered into and subject to HealthTap's Terms of Use, available at https://www.healthtap.com/terms/ (the "Terms"). Any capitalized terms used but not defined in this VPC Agreement will have the meanings set forth in the Terms. In the event of a conflict or inconsistency between the Terms and this VPC Agreement, the terms of this VPC Agreement will control to the extent of that conflict or inconsistency, but only with respect to the VPC Service.

THE VPC AGREEMENT AND THE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. SEE ARBITRATION AGREEMENT.

Remember:

Never disregard professional medical advice, or delay seeking medical advice or treatment, because of something you read or learn on HealthTap. Always consult with your existing doctor or healthcare provider or use a Virtual Consult whenever you have a personal question about a medical condition or symptom.

Never use HealthTap or Content or Services for any medical emergency or if you need immediate medical attention. IMMEDIATELY CALL 911 OR YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

1. VPC Services. The VPC Services are provided by Medical Experts to you through the App. Notwithstanding anything in the Terms to the contrary, subject to your ongoing compliance with the terms and conditions of this VPC Agreement, you may establish an ongoing doctor-patient relationship with such Medical Experts virtually through the App. However, you acknowledge and agree that you may only connect with Medical Experts who are licensed to practice medicine in the jurisdiction in which you live. HealthTap may use the geographic information you have provided to HealthTap to determine the availability of Medical Experts licensed in the geographic area where you have indicated that you live, and you: (i) represent and warrant that such information is accurate and complete, and (ii) agree to keep such information up to date. Each Medical Expert reserves the right to refuse service or to stop service at any time for any reason, including in the event the Medical Expert, in his/her professional medical judgment, determines that you should receive medical service from a medical professional in-person or that a Virtual Consult is not appropriate for you pursuant to the standard of care.
2. Scheduling, Cancellations and No Shows. You may request to schedule an appointment with the Medical Expert of your choosing via the App ("Appointment"). You will receive a notification through the App when the Appointment has been confirmed. You acknowledge that HealthTap's Medical Experts provide services to multiple users, and that your failure to attend (a "No-Show") or timely cancel an Appointment may prevent that Medical Expert from providing services to another user. Refunds for cancellations and No-Shows will be handled in accordance with HealthTap's then-current policies, available at (https://www.healthtap.com/terms/payment-agreement/).
3. Fees and Payment. All fees incurred by you in connection with your use of the VPC Service are subject to the terms of the Payment Agreement (available at https://www.healthtap.com/terms/payment-agreement/), if you are an individual user. If your use of the VPC Service is through your employer's account with HealthTap, then the Billing Agreement (available at https://www.healthtap.com/payg-agreement/) will apply.
4. Patient Records. HealthTap may share information about you, your interaction with the App, and your care with a Medical Expert that you engage with via the VPC Service, including: (i) information about your usage of the App, including questions you may ask through the Ask Doctors your Question feature of the App, (ii) notes and information provided by Medical Experts you connect with through the App, or (iii) other information provided by third parties relating to your healthcare ((i) through (iii) collectively, your "Health Information"). By using the VPC Services, you hereby consent to HealthTap's collection and sharing of your Health Information and the use thereof in accordance with our Privacy Policy (available at https://www.healthtap.com/privacy/statement/). Please refer to the HIPAA Notice of Privacy Practices (https://www.healthtap.com/privacy/statement/#noticePrivacyPractices) for additional information about how medical information may be used and disclosed and how you can get access to this information.
5. Disclaimer; Limitation of Liability. Without limiting any disclaimers or limitations of liability set forth in the Terms (which will continue to apply to your use of the App in connection with the VPC Services):
   1. Disclaimer. HEALTHTAP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE VPC SERVICES OR THAT THE VPC SERVICES WILL BE SUFFICIENT FOR YOUR NEEDS. YOU ACKNOWLEDGE THAT THE VPC SERVICES ARE PROVIDED BY THE MEDICAL EXPERTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHTAP DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE VPC SERVICES, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
   2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL HEALTHTAP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, ACCESS TO OR INABILITY TO ACCESS THE VPC SERVICES, WHETHER OR NOT HEALTHTAP OR A MEDICAL EXPERT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) HEALTHTAP'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE VPC SERVICES WILL BE LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO HEALTHTAP IN CONNECTION WITH THE VPC SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, AND $100.