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Doctor On Demand by Included Health Terms of Service

Doctor On Demand by Included Health Terms of Service

Effective Date: April 15, 2022

We are pleased to announce that Grand Rounds, Inc., Doctor On Demand, Inc. and Included Health Communities are now part of Included Health, Inc.

We are in the process of integrating our terms and services to provide more options and help you find the care you need, when you need it, regardless of which services you use. 

In the meantime, the use of the Included Health, Doctor On Demand, Grand Rounds, and Included Health Communities affiliated websites, and any of the related Included Health products and services linked to this document or described below (collectively, “Services” unless otherwise specified), is subject to all of the terms, agreements, statements of rights, consent forms, and policies referenced and linked here, which applied prior to the integration to the Grand Rounds, Doctor On Demand, and Included Health Communities websites, services, and applications. 

We encourage you to read these documents to understand the terms, policies, and more that apply to you when you use our websites, products, or services, including how we process your personal information and how you can update and manage that information.

As we further integrate, our plan is to continue to update and consolidate these documents in the coming months to make it easier for you to understand what to expect from us—and what we expect from you—as you use our Services.

Please also note, for members of our recently-launched Included Health unified application, many features of the Doctor On Demand application have been integrated into the unified application (and many more features to come over the ensuing months), with the goal to provide you a seamless digital health experience. However, some features have not yet been incorporated, and you may need to visit the Doctor On Demand application to access certain of these features.

Doctor On Demand by Included Health Terms of Service

Use of the Site

Included Health, Inc. (“Included Health”, “Company”, “we”, “us”, or “our”) operates the websites located at includedhealth.com and doctorondemand.com, and other websites, products, services, and mobile applications with links to this Terms of Service (“Terms”), including without limitation the Doctor On Demand webpages and secure applications (collectively, the “Sites” or “Websites”, unless otherwise specified). Users of the Sites or Services are referred below as “Users”, “Members”, “you”, “your”, or “yours”.

We offer online telehealth services enabling our Members to report their health history and engage independent healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services, as well as provide behavioral health coaching from Coaches (“Coaches”) who do not provide professional or clinical services.

Please read these Terms carefully before using the Sites. By using and or visiting the Sites or Services, you are accepting the practices and provisions described in these Terms, as well as the Doctor On Demand Privacy Policy and other terms, agreements, statements of rights, consent forms, and policies referenced above. If you do not agree to these Terms, or any of the documents referenced above, please do not use the Sites or Services.

Where visiting or using any of our Sites or Services, including those previously or currently associated with Included Health Communities (“Communities”), Grand Rounds by Included Health (“Grand Rounds”), and Doctor On Demand by Included Health (“Doctor On Demand”), or any other website or mobile application that reference or link to these Terms, your information will also be processed by Included Health for the purposes stated in these Terms, the Included Health Privacy Policy, and in accordance with the Doctor On Demand Privacy Policy and Notice of Privacy Practices, where applicable and legally permissible.

Healthcare Services

The Healthcare Professionals who deliver Services through Included Health are independent professionals practicing within a group of independently owned professional practices collectively known as “Doctor On Demand Professionals”. Included Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Included Health nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.

Site Content

None of the Sites’s content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

User Accounts

When you register on the Sites, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Included Health (collectively “Account Information”). 

To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Sites, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). 

You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Sites and your Account Information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the Sites, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Use of the Services by Children

The Services are available for use by children (under 18 years of age) but children are not authorized to become Members and may not use the Services without the supervision and verifiable consent of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms.

Access Rights

Included Health hereby grants to you a limited, non-exclusive, nontransferable right to access the Sites and use the Services solely for your personal non-commercial use and only as permitted under these Terms and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites or Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Services or Sites in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals or Coaches through the Sites and to refrain from contacting Healthcare Professionals or Coaches for telehealth services outside of the Sites. We are not responsible for any interactions with Healthcare Professionals or Coaches that are not conducted through the Sites. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

Fees and Purchase Terms

You agree 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. By providing Included Health with your credit card number, PayPal or Venmo account and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with us to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with us, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Included Health offers no guarantee that you shall receive any such reimbursement. We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@includedhealth.com. Included Health may suspend or terminate your use of the Sites, your Account and/or registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to Modify

Included Health’s Sites are owned and operated by Included Health. Our Sites are continually under development and changes to the Sites or Services may be made at any time. We reserve the right to revise or remove any part of these Terms in its sole discretion at any time and without prior notice to you by updating this posting. Thus, you should visit this page periodically for changes. Any changes to these Terms are effective upon posting to the Sites, unless otherwise specified. If you disagree with the Terms, your sole remedy is to discontinue your use of the Sites or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INCLUDED HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL  INCLUDED HEALTH,  INCLUDED HEALTH PROFESSIONALS OR THEIR RESPECTIVE  SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

To the extent that we may not, as a matter of applicable law, 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 such applicable law.

Indemnification

You agree to indemnify, defend and hold harmless Included Health, Doctor On Demand Professionals and their respective shareholders, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms.

Geographical Restrictions

Included Health makes no representation that all products, services and/or material described on the Sites, or the Services available through the Sites, are appropriate or available for use in locations outside the United States or all states and territories within the United States.

Disclosures

All Health Professionals performing licensed clinical services on the Sites hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In the State of New York, complaints which relate to professional conduct should be made to the Office of Professional Misconduct (OPMC). In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website, governing psychology on the Association of State and Provincial Psychology Boards website, and governing social workers.

Any clinical records created as a result of your use of the Services will be securely maintained by Included Health on behalf of Doctor On Demand Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, which is typically at least six years.

Website Links

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Ownership

The Sites and their entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Included Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms. You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.

Trademarks

Certain of the names, logos, and other materials displayed on the Sites or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Included Health or other entities. You are not authorized to use any such Marks without the express written permission of Included Health. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Privacy and Communications

Privacy

Please see the Doctor On Demand Privacy Policy for additional information. For more information or questions about the collection, creation, maintenance, use and disclosure of any of your data that may constitute PHI, as described above, by or on behalf of the Doctor On Demand Professionals, please refer to their Notice of Privacy Practices.

Short Message Service or SMS

Included Health or its affiliates may contact you by short message service (“SMS”) text message from time to time regarding your account or the Services to provide appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“SMS Communications”). These SMS Communications are considered part of the Services and your account.

By agreeing to these Terms and providing your telephone number to us or our affiliates, you: (i) consent to receive SMS Communications from or on behalf of us or any of its affiliates at the telephone number you provide; and (ii) acknowledge and agree that your information may be processed in accordance with, and you are to be bound by, Included Health’s Privacy Policy and Doctor on Demand’s Privacy Policy.

You can stop receiving SMS Communications from us at any time by texting “STOP” to the number from which you receive the SMS Communications. Alternatively, if you are registered, you may click here to contact support or submit a message through the “chat” experience once logged-in. You may also call our general support toll free line at (855) 431-5533. If you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from SMS Communications. After this, you will no longer receive SMS Communications from us. You agree that if you request to opt out from future SMS Communications, we may send you a one-time opt-out confirmation SMS text message. After this, you will no longer receive SMS Communications from us. 

For support: See above for instructions on calling us or text HELP in response to an SMS on your device. If you send us a SMS text message, we will reply with instructions on how to receive SMS Communications as well as how to unsubscribe from SMS Communications; if you call our toll-free number, we will provide this information over the phone. The number of SMS text messages we send as Communications will depend on the frequency of your use of the Services. Our SMS Communications program may not be available on all wireless carriers. Standard carrier message and data rates apply.

Other Communications

You agree that we may send to you additional communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting communications on the Sites (collectively, “Communications”). 

The delivery of any SMS or other Communications from us is effective when sent by us, regardless of whether you read the SMS or other Communication. You can withdraw your consent to receive Communications by deactivating your Account, or as otherwise specified and provided. 

You acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. As such, we cannot guarantee the security or confidentiality of messages sent by text messages or email. By providing us with your cell phone number and email address, you agree that we may communicate with you by text message and email, despite these risks.

Participating Carriers

AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

T-Mobile is not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Miscellaneous

These Terms and your use of the Sites shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS, OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms.

No waiver by Included Health of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Included Health to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Included Health devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device or computer.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Included Health has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Included Health, Inc., One California Street, Suite 2300, San Francisco, CA 94111.

Contact Us

If you have questions or concerns about these Terms, or would like to report a violation, see the below contact options:

  • You may contact us by mail at:

Included Health, Inc.
1 California Street, Ste. 2300
San Francisco, CA 94111

  • You may email us at support@includedhealth.com. 
  • If you are registered, you may submit a message through the “chat” experience once logged-in.
  • Or you may call our general support toll free line at (855) 431-5533.