January 31, 2023
Acceptable Use Policy
Doxy.me was created to open and productive communication between patient and provider from nearly anywhere in the world. As such, there are basic rules that must be followed to achieve that goal.
This Acceptable Use Policy (“AUP”) governs the use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Doxy.me Inc. (“Doxy.me”), including the https://doxy.me website (the “Site”) and the services available to users through the Site (“Service” and “Services”). “You” “Your” and similar terms refer to any user who accesses or uses the publicly-accessible Site areas as a visitor (“Visitor”) or as a user who received a link from a healthcare provider (a "Provider") to use the Services as a patient (“Patient”). Any capitalized term not defined in this AUP is defined in related terms or policies.
Provider-specific terms of service are located at https://doxy.me/en/terms-of-service. This AUP does not apply to Providers.
By accessing the Site or using the Services, You agree that you have read, understand, and agree to be bound by the terms of this AUP and the terms of the Doxy.me Privacy Policy and its region-specific annexes that specify how we collect and handle Your information. Our Privacy Policy, which is incorporated herein by reference, is located at https://doxy.me/en/privacy-policy/. You agree that your use of any Services is subject to the Privacy Policy.
1. Ownership of the Site
All pages within the Site and any material made available by Doxy.me for download are the property of Doxy.me or its licensors or suppliers, as applicable. The Site is protected by the United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Doxy.me.
2. Authorized Users
To use the Services as a Patient, you must receive a unique link sent to You from Your Provider. Your relationship with a Provider is directly between You and the Provider. You will never have a provider/patient-type relationship with Doxy.me. Please see Section 9 for more details.
In any communication with Doxy.me, You should not include any identifiable information about You or any Patient (full name, diagnosis, or any other protected health information identifier). If you need to contact Doxy.me support, the sole reason should be for help with the Services (for example, connection issues).
3. Acceptable Use
By accessing the Services, You (both as Visitor and Patient) agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. In addition, You agree not to or attempt to:
- reverse engineer, copy, disassemble, decompile, or make derivative works of the Site or Services;
- enter, store, or transfer any content or data on or via the Site or Services that is unlawful or infringes any intellectual property rights;
- access data not intended for Your use or logging onto a server or an account which You are not authorized to access;
- probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- access or use the Site or any portion thereof without authorization, in violation of this AUP or violation of applicable law;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- introduce any scraper, crawler, spider, robot or other automated device, process, or means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; or
- circumvent or endanger the Site's operation or security.
In addition, You agree to use the Services in a responsible manner. Doxy.me does not tolerate behavior by its users that is threatening, harmful, obscene, hateful, or otherwise is counter to common decency standards and will act to block such users from accessing the Services and notify law enforcement when appropriate.
Violations of system or network security may result in civil or criminal liability. Doxy.me will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Electronic Communications
You may have agreed to receive an email or text message from its Provider using the Services. You consent to receive such Provider communications from us electronically. Your Provider has agreed that Provider communications sent to You via the Site or Services are according to applicable law. Your Provider may authorize agreements (such as a teleconsent form) to be entered into and signed electronically in accordance with applicable law, as well as other notices, disclosures, and communications.
5. Site Access; Security and Restrictions
While the Doxy.me software is a secure solution, You are also a part of its security. It is Your responsibility to: use a strong password and not share it; keep Your computer operating system and browser updated; use anti-virus and firewall software (and whitelist Doxy.me); and not use Doxy.me in a public place unless You can be assured there are no eavesdroppers. You agree to be fully responsible for all activities occurring when using the Services.
Doxy.me reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Doxy.me to disclose the identity of anyone posting, publishing, or otherwise making available any materials that are believed to violate this AUP. BY CLICKING “ACCEPT” OR ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE TO HOLD DOXY.ME HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DOXY.ME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DOXY.ME OR LAW ENFORCEMENT AUTHORITIES.
6. License and Access; Termination by Doxy.me
Subject to Your compliance with this AUP, Doxy.me or its content providers grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Doxy.me Services. In the event You have entered into a separate Platform Subscription Agreement or Master Services Agreement with Doxy.me (the “Services Agreement”), the terms of the Services Agreement shall also apply to Your use of the Site and the Services. In the event of a conflict between the Services Agreement and this AUP, the terms of the Services Agreement shall prevail.
All rights not expressly granted to You in this AUP are reserved and retained by Doxy.me or its licensors, suppliers, publishers, rights holders, or other content providers. The Doxy.me Site, or any part of any Service, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by Doxy.me. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Doxy.me without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Doxy.me name or trademarks without the express written consent of Doxy.me. You may only use the Services as intended for professional services and as permitted by law. Doxy.me reserves the right to terminate Your account and revoke any licenses granted by Doxy.me if You do not comply with this AUP.
7. Links to Other Sites
Doxy.me makes no representations whatsoever about any other website that You may access through the Site. Doxy.me neither endorses nor accepts any responsibility for any content or use of a third-party website. If You decide to access any of the third-party sites linked at the Site, You do this entirely at Your own risk.
8. Disclaimer of Warranties
DOXY.ME DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON- INFRINGEMENT. DOXY.ME DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. DOXY.ME DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
9. No Advice or Services
As part of the Services, Doxy.me provides a software platform solely for a Provider to communicate with Patients. Doxy.me does not provide any medical, legal, or other professional advice. Doxy.me makes no representations or warranties whatsoever relating to any medical, professional or legal issues associated with any Provider, or goods or services offered by any Provider, including but not limited to any compliance obligations with any country, state or federal authority. You should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Site or Services in determining a Provider’s compliance obligations under the law.
10. Limitation of Liability
DOXY.ME AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, YOUR USE OF THE SITE OR SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DOXY.ME TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS $50 (FIFTY DOLLARS).
11. Dispute Resolution.
In the event of any dispute or claim relating to the Site, the Services or this AUP, You agree to the resolution of such dispute in the state or federal courts located in Rochester, New York, and you hereby consent to the jurisdiction of any such court. This AUP shall be governed, interpreted and enforced in accordance with the internal laws of the State of New York State (excluding its conflicts of laws principles).
YOU FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM OR RELATING TO THIS AUP.
12. Revisions; General
This Acceptable Use Policy and the Privacy Policy (and related policies) constitute the entire agreement between Doxy.me and You pertaining to the subject matter hereof. In its sole discretion, Doxy.me may from time-to-time revise and update these policies by updating this posting. All revisions and updates are effective immediately when we post them and apply to all access to and use of the Site thereafter. You should, therefore, periodically visit this page to review the current policy so You are aware of any revisions, as they are binding on You. Your continued use of the Site following revisions signifies Your acceptance and agreement to such revisions.
Doxy.me reserves the right, in its sole discretion, to terminate Your access to all or part of the Site, with or without cause, and with or without notice.
If any provisions of this AUP are held by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable, such provisions shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event any unlawful, void, or unenforceable provision shall be deemed to be modified to the extent necessary to (1) render it valid and enforceable and (2) give the fullest effect possible to the original intent of the provision.
13. Indemnification
You agree to defend, indemnify (to the extent permitted by law) and hold Doxy.me harmless from and against all third-party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Doxy.me arising out of the use or operation of the Site and Services due to: a) Your breach of this AUP or a violation of applicable law; b) Your use or access of the Services or the Site; c) access by anyone accessing the Site using Your name, password, or identity; or d) any third party or person claiming damage by virtue of a familial, financial, or other relationship with You. To the extent applicable, You will obtain Doxy.me’s prior written consent to any settlement or judgment which You agree to or which otherwise provides or implies any finding of fault of Doxy.me or any defect in the Site or Services or requires Doxy.me to make any payments, bear any obligations or admit any liability unless You obtain Doxy.me’s prior written approval. Doxy.me will promptly notify You in writing of any claim subject to this indemnification, and promptly provide You with the information reasonably required for the defense of the same. However, without limiting Your obligations described above in this section, Doxy.me reserves the right to appear and defend any actions in which it is named as a party.