Prodoc Terms of Use

These Terms of Use ("Terms" or "TOU") is an agreement between you and Prodoc™ ("Prodoc"). It describes the rules you agree to follow when using our website (the "Site"), including when you ask questions and when you view or input content on or into the Site. These Terms of Use apply to your use of Prodoc as a client or member.

Introduction

Prodoc is a telehealth platform that connects you with independent medical practitioners, independent pharmacies, and health-related information to help you feel good and to live a happier, healthier life. Prodoc offers standard paid services and the Site is not a medical practice or clinic nor a pharmacy. The Site is a platform offered to clients, members, licensed Medical Experts, and pharmacies to connect for adjunctive care in the early treatment of illness. The Site’s Medical Experts do not treat chronic conditions or emergencies.

Remember:

• 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 disregard professional medical advice, or delay seeking medical advice or treatment, because of something you read or learn on Prodoc. 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.
• IMMEDIATELY CALL 911 (USA), 998 (UAE), 115 (PAK) OR YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

These Terms of Use are an Agreement

THESE TERMS OF USE 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 THE ARBITRATION AGREEMENT BELOW.

We May Update this Agreement

These Terms of Use may change on a going-forward basis at any time upon 7 days' notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If you do not agree to all of these Terms of Use, please do not use Prodoc.

What We Do and What We Don't Do

We Support Your Health Decisions

Prodoc is designed to support the health decisions and choices that you make, with a priority on your personal values. Always use common sense when making health decisions, and consult with your primary care physician whenever appropriate. Prodoc cannot make decisions for you, but can connect you with a Medical Expert for a Virtual Consult. On Prodoc you can ask informational questions and find therapeutic answers offered by Medical Experts. Except as provided via a Virtual Consult, our site offers no medical care and forms no doctor-patient relationship by use of the Site. Content and non-Virtual Care Services on Prodoc are not a substitute for medical advice, diagnosis, treatment, or care from your primary care physician or from a provider in our network. Except as may be provided via a Virtual Consult, information on Prodoc is not a substitute for a formal diagnosis, physical examination, or prescription and should not be used to treat a medical condition. Do not ignore or delay obtaining professional medical advice because of information published on the Site.

Please use Prodoc's Virtual Consults or see your primary care physician in person if you are looking for a personal medical evaluation, diagnosis, prescription, or treatment.

We Provide Access to Licensed Healthcare Providers for Care (Virtual Consults)

Via Prodoc Virtual Consults, you can obtain virtual care (if you are located in a state or city where such service is available). Additional terms apply to Virtual Consults. Prodoc Virtual Consults facilitate a temporary doctor-patient relationship that is adjunctive (in addition to) the doctor-patient relationship between you and your primary care physician. Additionally, Prodoc Virtual Consults do not create a temporary doctor-patient relationship between Prodoc and you, but between you and the participating Medical Expert. This temporary doctor-patient relationship should be considered a secondary opinion, and in no instance is intended to replace or supersede a live in-person evaluation.

Whenever we use the words "your primary care physician" or "your doctor" or "healthcare provider" or similar words on Prodoc, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor/healthcare provider-patient relationship. If you participate in a Virtual Consult on Prodoc, you understand and agree that the Medical Experts on Prodoc are not your primary care physician, and you agree not to use Prodoc Virtual Consults, or the advice given by the Medical Expert, as a substitute for interactions with your primary care physician.

We Provide Information without Recommendation or Endorsement

We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Prodoc. Prodoc is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on Prodoc Content or Services is solely at your own risk. Some Services and Content (including posts by Medical Experts) may not be reviewed or certified by Prodoc. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content or advice regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

We're Not for Use in Emergencies.

Never use Prodoc or Content or Services in a potential or actual medical emergency. CALL 9-1-1 OR 9-9-8 (in UAE) OR 1-1-5 (in Pakistan) OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.

Your Account and Your Use of Prodoc

You are responsible for your membership account. Keep your password and real name private.

Accurate and complete patient registration information is required for use of Prodoc services. Where applicable, you are solely responsible for the security of your passwords and for any use of your membership account, including any access to personal information in your account. If you suspect unauthorized use of your account, change your password immediately. Allowing any other person or entity to use your identity for using Prodoc is not permitted.

We reserve the right to revoke or deactivate your account at any time. You may terminate your account and these Terms at any time by emailing support@prodoc.pk.

You must be an adult to use Prodoc

Currently, you must be at least 16 years old to use Prodoc and at least 18 years old to request Prodoc's Services, to request program membership, or to participate in a Virtual Consult. Patients 17 years or under must be accompanied by a parent or legal guardian.

Your use must be Legal and Appropriate

Your use of Prodoc and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to Prodoc, the Content, or Services. You may not use any automated means (such as a scraper) to access Prodoc, the Content, or Services. Unauthorized access includes using credentials to access Prodoc. Any attempt by any individual or entity to solicit login information of any other user or Prodoc Medical Expert, or to access any such account, is an express and direct violation of these Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

We maintain guidelines and a code of conduct for users of Prodoc. By using our Services you agree to abide by our Guidelines.

We'll send you notices and information

For more details about when and how we can communicate with you, please consult our Privacy Statement.

Content and Services

Prodoc is a Communications Technology Company

Prodoc provides optional Services and Content that can be accessed for a fee, such as Virtual Consults. Prodoc offers a Services that relieves the burden of online forms and account setup and limits your technology use to phone calls. We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.

Prodoc is for personal use

Prodoc is a service for individuals to use to support their personal health decisions. You may use Prodoc for personal, but not for commercial purposes in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Licensed U.S., U.A.E or Pakistani doctors and other qualified medical experts may apply to participate on Prodoc for educational purposes as Medical Experts, or to provide Virtual Consults. Companies or other organizations may not become registered members or use our Site through individual members, but we do offer enterprise services for organizations.

Prodoc does not guarantee the accuracy of Third Party Content

Prodoc has no editorial or clinical control over or responsibility for Content provided by third parties. Any opinions, statements, products, services, or other information expressed or made available by third parties (including Medical Experts) or users on Prodoc are those of such third parties or users. Prodoc does not have any obligation to monitor such third party Content. We make no representations about the accuracy or reliability of any opinion, statement, or other information provided by any third party, and we do not represent or warrant that your use of the Content displayed or referenced on Prodoc will not infringe the rights of third parties not owned by or affiliated with Prodoc.

We are not responsible for anything outside of Prodoc

The Site may contain links to other partners, websites, information, software, data, or other content, online or offline ("External Content and Services"). Such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of Prodoc, and we are not responsible for such content. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies related or pertaining to External Content and Services.

Prodoc may communicate with you via Email, WhatsApp, SMS and/or Push notification

When you install our app (when available) on your mobile device, you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Prodoc and those acting on our behalf may send you text (SMS or WhatsApp) messages to the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. If you opt out, you may continue to receive text messages for a short period while Prodoc processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard messaging, data and other fees may be charged by your carrier.

Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require you to text a keyword, such as "STOP," "CANCEL," "UNSUBSCRIBE," to the applicable shortcode for the mobile feature, or to change your profile settings inside the Site).

You agree to notify Prodoc of any changes to your mobile number and update your account(s) on the Prodoc Platforms. You also understand and agree that by receiving communications, you will be charged by your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.

You agree that we may send you limited personal information by email, SMS, text, and mobile push notification

When you use action-oriented features on Prodoc (such as subscribing to a health checklist or participating in a Virtual Consult), you agree that Prodoc may send you automated content via email, mobile telephone, or other contact information provided by you in your account settings. This content may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Site are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Site, you release Prodoc from any liability arising from or related to any such interception or unauthorized access.

Mandatory Removal of Content and Services

If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see Termination. below.)

We cannot control external communications (including email, SMS, WhatsApp and notifications)

Email, SMS message communications and mobile push notifications from the Site are not encrypted (only WhatsApp messages are). You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Site, you release Prodoc from any liability arising from or related to any such interception or unauthorized access.

Submissions

You agree to abide by our Submission Guidelines

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to Prodoc is governed by the Privacy Policy (the terms of which govern in the event of any inconsistency with this TOU). You agree that submissions will comply with Prodoc's Guidelines. If you are a user, you agree to the User Guidelines. If you are a Medical Expert, you agree to the Provider Terms of Use.

You give us rights to what you submit

Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any content, business information, ideas, concepts, or inventions private or proprietary, do not submit them on, through, or to Prodoc, by email or otherwise. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), or other applicable laws, if you make any submissions (by email or otherwise) on, to or through Prodoc, including but not limited to media (including photographs), data, questions, comments, suggestions, business information, ideas, concepts or inventions (collectively "Submissions"), you make such submission without any restrictions or expectation of compensation, privacy, or confidentiality. You agree that your Submissions may be used by us without restriction for any purpose whatsoever. By making any a Submission, you grant Prodoc a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Submissions, in whole or in part, in any media formats and through any media channels now known or hereafter developed. This means Prodoc has the complete right to freely use, create derivative works from and modify, such Submissions in any way, commercial or otherwise (including developing and marketing products or features using such information), and for any purpose whatsoever and without limitation. Prodoc may sublicense its rights.

By making any a Submission, you further agree to indemnify Prodoc and its affiliates, directors, officers, Medical Experts, and employees, and to hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your Submissions, or your failure to comply with these Terms.

Termination

All of our users are required to honor this Agreement

Your permission to use the Site, Content, and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Site and the Services and/or Content at any time for any reason or no reason, with or without notice. This suspension or termination may delete information, files, and other previously available Content. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

You may terminate your account at any time by emailing our support at support@prodoc.pk. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.

Effect of Termination

Upon termination of these Terms:

(a) your license rights will terminate and you must immediately cease all use of the Service;
(b) you will no longer be authorized to access your account or the Service;
(c) you must pay Prodoc any unpaid amount that was due prior to termination; and
(d) all payment obligations accrued prior to termination, this section, and sections regarding Submissions, ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.

Understandings, Agreements, and Representations.

Medical Agreement

• You are entering into an agreement with your respective Medical Expert, using Prodoc technology services, who shall be a provider of professional medical services to you through the Prodoc Site.
• You are entering into a temporary physician - patient relationship with the Medical Expert that personally performs the Virtual Consult for you.
• You agree to use your legal name and real medical information in Virtual Consults.
• You agree to use only one Prodoc account for maintaining your medical records and for doing Virtual Consults.
• You represent and warrant to the respective Medical Expert that you have a primary care physician.
• You understand and agree that the licensed providers associated with Prodoc Medical Group are only providing opinions and advice for minor non-emergency primary-care intended for prevention and early treatment.
• You understand that you should never delay seeking advice from your own primary care physician or other health professionals due to information provided by a Healthcare Provider through Prodoc. You agree to seek emergency help when needed, and to continue to consult with your primary care physician as recommended by Medical Experts on Prodoc and by your primary care physician.
• Prodoc is the provider of certain technological and administrative services to participating Medical Experts and does not provide professional medical services.
• You agree that physicians associated with Prodoc, in performing a Virtual Consult, may not prescribe for you, the following drugs:
• prescriptions for medications that are restricted by states; or
• prescriptions for medications for psychiatric illnesses.
• Prodoc is a company, not a doctor, and does not practice medicine and does not participate in or interfere with the practice of medicine by Medical Experts on Prodoc, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
• You understand that if your medical condition warrants emergency help, the Medical Experts associated with Prodoc will direct you to the nearest local hospital emergency department, emergency room, or urgent care clinic.
• You understand that the services offered by Prodoc are not health insurance and are not a substitute for health insurance. You agree not to use such services as health insurance. Virtual Consults are designed for use independent of health insurance as an out-of-pocket cost service, and unless otherwise expressly stated, associated fees may not qualify for insurance or HSA or similar reimbursement.
• You agree to refrain from excessive or inappropriate use of Virtual Consults, including but not limited to multiple Virtual Consults for the same issue without a valid medical reason, including but not limited to: initiating a subsequent Virtual Consult before you have received the Summary Notes from the doctor of the prior Virtual Consult; attempts to obtain prescriptions unavailable through Prodoc or not previously prescribed to you in a prior Virtual Consult for the same issue; multiple Virtual Consults for a symptom or condition when you have been advised to seek in-person care; or any other behavior deemed by Prodoc or a doctor to be excessive or inappropriate.
• Other than for mutually agreed upon in-person care with a Medical Expert on Prodoc, you agree to refrain from contacting or seeking to contact a Medical Expert for telemedicine care outside of the platform (such as by phone, email, or other messaging system). This protects both patients and Medical Experts and ensures clinical care is delivered in a reliable, continuous, and controlled platform. Prodoc is not responsible for any interactions with Medical Experts not conducted on the Prodoc platform.

Health Information

• You agree to the entry of your medical records into the Prodoc secure computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date. You acknowledge that no computer or phone system is totally secure. Prodoc recognizes your privacy and, in accordance with our Privacy Policy, will not release information to anyone without your written authorization or as required by law.
• Prodoc maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH). Our contractual obligations with health care providers are as a Business Associate of health care providers who are Covered Entities such rules. Prodoc collects information for the purposes of providing our Services (including Virtual Consults), marketing and promoting our Services to you, and for market research data.
• You understand and agree that Virtual Consults involve the communication of your medical information, both orally and visually, to Medical Experts and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction in which you are located at the time of a Virtual Consult and afterward.
• You also understand that Prodoc is a "Covered Entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations. However, you understand that Prodoc and the Medical Experts associated with Prodoc are "Covered Entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, you understand and agree that your personally identifiable health information ("Health Information") provided to Prodoc and the Medical Expert associated with Prodoc is subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.
• You also understand and agree that by using Prodoc we may automatically send information related to your Virtual Consult(s), including related reminders, to you, and you opt in to receiving this information by email, mobile notification, or using other contact information provided by you in your account settings and profile information. You may opt out of receiving any such communication via email or mobile notification at any time through your account notification settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using Virtual Consults or any features utilizing reminders.
• You represent and warrant to us that, to the extent you enter "protected health information" (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of "protected health information" of such third person on Prodoc and via the Prodoc website and mobile Site.

Consult Quality

• Virtual Consults are primary care consults, not specialist consults, and are not intended to address medical concerns typically addressed by medical specialists.
• You agree that Medical Experts performing Virtual Consults may prescribe allowed medications in such Virtual Consults when in the Medical Expert's sole judgment, it is medically appropriate to do so. You agree that you are not guaranteed any prescription in a Virtual Consult. The determination that a medical concern warrants a prescription is always made at the discretion of the consulting Medical Expert in a Virtual Consult and not prior to such a consult. You agree to maintain up-to-date medication information in your Health Profile on Prodoc so that consulting Medical Experts may know your medication history.
• You understand and agree that Prodoc and Medical Experts on Prodoc are not responsible for disconnections or connection quality issues you may experience during or outside of Virtual Consults as a result of your mobile device's or computer's internet connectivity.
• You agree to refrain from abusive language or engaging in inappropriate behavior with Medical Experts during a Virtual Consult and agree that a Medical Expert may terminate a Virtual Consult at any time should inappropriate behavior or language be used, or if in the Medical Expert's sole judgment, the Virtual Consult is no longer appropriate or productive.
• Prodoc's Premium Plan subscriptions and Virtual Consult fees do not include nor cover the costs of any recommendations or treatments associated with any Virtual Consult (including but not limited to: prescriptions, lab tests, services or treatments, devices, or referrals for non-Prodoc consults).
• Virtual Consults offer primary-care consults from Medical Experts only via the Prodoc Site. Specialist care is not available. Services are provided under an "on call" model where you will be connected with the first-available licensed Prodoc Medical Expert available for that appointment time.

Your Rights

You have all the following rights with respect to Virtual Consults:

• Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
• Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed Medical Expert associated with Prodoc treating me, and may receive copies of this information for a reasonable fee.
• Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identifies me will be disclosed to other entities without my consent.
• Risks. I understand that there are risks from Virtual Consults, including the following: (i) loss of records from failure of electronic equipment; (ii) power or other technical failures with loss of communication; and (iii) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
• Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) reduced visit time; (ii) rapid innovation of treatments; and (iii) focused information.
• Follow-up. In the event that the diagnosis and treatment by a Medical Expert associated with Prodoc does not resolve the medical issue for which I sought a Virtual Consult, I agree to consult with my primary care physician in person for follow-up treatment, and/or seek treatment, if necessary, at a local hospital emergency department.
• Consequences. I understand that, by having my consent to live Virtual Consults performed by video or telephone or asynchronous inbox consults, my Medical Expert associated with Prodoc may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.

Your Obligations

• Privacy Policy. You agree to Prodoc Privacy Policy the terms of which are incorporated herein by reference.
• True and Accurate Information. You agree that all information you provide on Prodoc Premium Services relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on Prodoc to ensure that it is true, accurate, current and complete at all times.
• Payment. If you are using Prodoc as an individual and you purchase access to Prodoc's Premium Plan or paid Services, you agree to the Prodoc Payment Agreement and to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
• Emergency Help. You will agree to seek emergency help when needed or as recommended by Medical Experts you consult with. You agree to continue to consult with your primary care doctor as recommended by your primary care doctor or the Medical Experts you consult with.

Contact Prodoc

If you have any questions about these Terms or would otherwise like to contact Prodoc for any reason, you can reach us by contacting us at support@prodoc.pk or info@digicarelive.com or calling our support phone numbers.