SWIFTMD TERMS OF USE

The SwiftMD applications and programs (“Applications”), including the website and personal health record program located at apps.swiftmd.com (“Website”), and the SwiftMD mobile app available on the App Store and Google Play (“Mobile App”), are owned and operated by Telemedicine Management, Inc., a Delaware corporation (d/b/aSwiftMD) (“SwiftMD”, “we”, or “us”).

These Applications provide patients with direct access to physicians and physician groups, including Swift Medical Group LLC, TMI Medical Group P.C., TMI Medical Group of NJ, P.C., SMD Medical Group of TX, P.A., TMI Medical Group of CA, P.C., TMI Medical Group of AK, P.C. (“Physicians”) for consultations, assessments, and treatment using real time interactive video and audio conferencing technology (commonly referred to as “telemedicine technologies”).

IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911

Your access to and use of the Applications are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use these Applications or any information or Content contained on these Applications. Your access to and use of these Applications constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. We may change these Terms of Use from time to time without advance notice by posting here or elsewhere on the Website or Mobile App and you will be bound by any such changes if you continue to use these Applications after the changes are posted. Unless otherwise indicated, any new Content added to these Applications will also be subject to these Terms of Use as in effect upon the date of any such addition. We encourage you to review the Applications and these Terms of Use periodically for updates and changes.

THE SWIFTMD APPLICATIONS ENABLE COMMUNICATION WITH A PHYSICIAN FOR THAT PHYSICIAN TO DIAGNOSE AND TREAT REGISTERED USERS IF APPROPRIATE UNDER THE CIRCUMSTANCES. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN, AND SWIFTMD, AS THE TECHNOLOGY PLATFORM AND NOT THE PROVIDER OF MEDICAL ADVICE, DOES NOT DICTATE OR DIRECT ANY PHYSICIAN USING THESE APPLICATIONS IN THEIR MEDICAL ADVICE TO YOU.

Availability
Our services are subject to state regulations and may change from time to time due to changes in such regulatory requirements.

Corporate Structure
SwiftMD is a corporation that makes the Applications, related technology, and other administrative and management services available for Physicians and their patients to communicate as described in these Terms of Use and otherwise on the Applications.

Acceptance of Use and Terms
These Applications are intended for use only by persons who are at least 18 years of age. For individuals who are under age 18, a parent or legal guardian must accept these Terms of Use and the Guidelines for the Safe Use of Telemedicine and any related consent on his or her behalf, unless the individual under age 18 is listed as a Primary Member in their own account, and resides in a state that allows minors living on their own to provide consent for their own healthcare, in which case SwiftMD follows the state’s guidelines.

Your Relationship with SwiftMD
SwiftMD provides a platform for you to consult with a Physician. You understand that by consulting with a Physician through the Applications, you are not entering into a doctor/patient relationship with SwiftMD.

You understand that your Physician may send you consultation notes, messages, reports, and e-mails via the Applications regarding the treatment of your condition. Please immediately advise SwiftMD of any errors in your consultation notes. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.

Duty to Provide Information and Access
It is your choice to receive a telemedicine consult. For safe and effective care, you must accurately answer all questions, comply with medical advice, and review the treatment encounter notes. Please also keep your personal health record stored on SwiftMD updated with your latest medical history.

If you consult with a Physician through these Applications, you have a duty to provide appropriate real time audio and video access (consistent with any technical and quality requirements described on the Website and Mobile App) to enable an appropriate evaluation and connection by your Physician. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Physician may provide through the Applications. You acknowledge that any misrepresentations about your condition may result in serious harm to you or others.

Electronic Communications
When you use SwiftMD, you consent to receive communications from us electronically by email, text, and other communications to your desktop computer and mobile devices. You agree that all agreements and consents can be signed electronically, and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such notices and other communications be in writing.

By providing a cell phone number you give SwiftMD authorization to send you text messages pertaining to SwiftMD services. Your cell phone number will not be shared with third parties or used for promotional purposes. Standard data rates and fees apply; see your carrier for further information.

Privacy Policy
SwiftMD understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy at Privacy Policy for a description of how we may collect and use your personal information.

Independence of Physicians
The professionals utilizing or featured on the Applications are subscribers to and licensees of the Applications and not employees or independent contractor service providers of SwiftMD. Any opinions, advice, or information expressed by a professional using or featured on the Applications are of the professional and the professional alone. They do not reflect the opinions of SwiftMD. SwiftMD does not recommend or endorse any specific tests, providers, products, procedures, devices, opinions, or other information that may be mentioned on the Applications or by a licensee of SwiftMD.

The inclusion of professionals and specialists on the Applications or in any professional directory located on the Applications does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.

Each physician participating in SwiftMD is solely responsible for all aspects of the medical care they provide, including quality and levels of such care and treatment. SwiftMD does not guarantee that a prescription will be written and will not transmit prescriptions for controlled substances. Physicians on SwiftMD reserve the right to deny care for any reason.

Such information is provided on an “as-is” basis and SwiftMD disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. SwiftMD shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Website user) in reliance on information about professionals on the Applications. The use of the Applications by any entity or individual to verify the credentials of professionals is prohibited.

Password Accounts, Passwords, and Security
By registering on the Applications, users can receive access to the password-protected portions of the Applications. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree (a) to immediately notify SwiftMD of any unauthorized use of your account or any other breach of security of which you become aware, and (b) to exit completely from your account at the end of each online session. We will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

SwiftMD uses encryption technology and privacy and security practices typically used by healthcare providers when gathering, transmitting, and storing personal medical information. You may also desire to protect your privacy by (i) safeguarding your username and password and (ii) utilizing the SwiftMD services from a private location to prevent unauthorized persons from hearing or witnessing the consultation.

Limited License and Site Access; All Rights Reserved
The Applications may contain from time to time text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of these Applications, but not to download (other than for page caching) or modify them, or any portion of them, except with our express written consent. This license does not include: any resale or commercial use of these Applications or the Content; any derivative use of these Applications or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. You are not permitted to sell, sublease, transfer, assign, enable, or grant access or rights to use the services of SwiftMD to anyone.

These Applications or any portion of these Applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of SwiftMD without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.

We (or the respective third party owners of Content) retain all right, title, and interest in these Applications and any Content and features offered on these Applications, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.

Copyright
Except as otherwise expressly stated, all Content appearing on these Applications is the copyrighted work of SwiftMD or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Applications is also the exclusive property of SwiftMD and is protected by U.S. and international copyright laws.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Applications, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of SwiftMD or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by SwiftMD. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. SwiftMD does not warrant or represent that your use of Content or any other materials displayed on these Applications will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. SwiftMD is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless SwiftMD from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Trademarks and Service Marks
Certain trademarks on the Applications are the service marks and trademarks of SwiftMD or its licensees. The domain name for the SwiftMD Website, the SwiftMD logo and elements of the design of the Website and Mobile App are service marks, trademarks, logos, and/or trade dress of SwiftMD. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website and Mobile App are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website and Mobile App without the prior written authorization of SwiftMD.

Ownership of information submitted via these Applications
With the Exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) or other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), any information you transmit to SwiftMD via these Applications, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of SwiftMD.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. SwiftMD shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to SwiftMD via these Applications or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Applications, and SwiftMD reserves the right to change the access configuration of these Applications at any time without prior notice.

Prohibited Use
Any use or attempted use of these Applications (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Applications, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by SwiftMD to be made accessible to a user, (vi) to obtain any materials or information through any means not intentionally made available by SwiftMD, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Applications, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SwiftMD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Applications’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) Delete or revise any material posted by any other person or entity; (k) Manipulate or otherwise display the Applications by using framing, mirroring or similar navigational technology; (l) Probe, scan, test the vulnerability of or breach the authentication measures of, these Applications or any related networks or systems; (m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) Harvest or otherwise collect information about others, including e-mail addresses; or (o) Use any robot, spider, scraper, or other automated or manual means to access these Applications, or copy any content or information on these Applications.

SwiftMD reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. SwiftMD may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, SwiftMD reserves the right at all times to disclose any information as SwiftMD deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SwiftMD’s sole discretion.

Right to Monitor
SwiftMD neither actively monitors general use of these Applications under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, texts, news group, or other material created or accessible over or through these Applications. However, SwiftMD does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in SwiftMD’s sole discretion, may be illegal, may subject SwiftMD to liability, may violate these Terms of Use, or are, in the sole discretion of SwiftMD, inconsistent with SwiftMD’s purpose for these Applications.

No SwiftMD Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Applications is provided by third party content providers or other Website users, SwiftMD has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on these Applications are those of such professional, third party suppliers or users, respectively. SwiftMD does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on these Applications or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with SwiftMD.

Links to Third Party Websites
These Applications may contain hyperlinks to other sites owned and operated by parties other than SwiftMD. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event these Applications provide hyperlinks to other websites that are not owned, operated or maintained by SwiftMD, you acknowledge and agree that SwiftMD is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. SwiftMD is under no obligation to maintain any link on these Applications and may remove a link at any time in its sole discretion for any reason whatsoever. SwiftMD shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. SwiftMD is not responsible for the privacy practices of any other websites.

Disclaimers
Content and other information contained on these Applications is provided by SwiftMD as a convenience to its Users. Users relying on Content or other information from these Applications do so at their own risk.

THE SWIFTMD APPLICATIONS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. SWIFTMD TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. SWIFTMD MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

SwiftMD does not and cannot guarantee availability of the services or the Applications during periods of power or telephone service outages, server crashes or breakdowns, Internet spam and virus attacks or events beyond its control, whether due to man-made conditions, attacks, accidents, natural disasters or weather-related emergencies.

Limitation of Liability
IN NO EVENT SHALL SWIFTMD BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SWIFTMD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SWIFTMD SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

NEITHER SWIFTMD NOR ANY THIRD PARTIES MENTIONED ON THE APPLICATIONS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APPLICATIONS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATIONS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATIONS IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE APPLICATIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification
You agree to defend, indemnify, and hold harmless SwiftMD, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Applications, your use of these Applications, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

Notices
Any notices to you from SwiftMD regarding the Applications or these Terms of Use will be posted on this Website or Mobile App or made by e-mail or regular mail.

Entire Agreement
These Terms of Use and other policies SwiftMD may post on the Website or Mobile App or that you and SwiftMD may execute constitute the entire agreement between SwiftMD and you in connection with your use of the Applications and supersedes any prior agreements between SwiftMD and you regarding use of the Applications, including prior versions of these Terms of Use.

Governing Law; Severability of Provisions
The Terms of Use are governed by the laws of California and controlling United States Federal Law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship
Neither these Terms of Use, nor any Content, materials or features of these Applications create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us
If you have any questions or concerns about these Terms of Use or need to deliver to us updated information regarding your personal account, please Contact Us, call us at (833) 794-3863, or write to us at 801 Springdale Drive, Exton, PA 19341. We will attempt to respond to your questions or concerns promptly after we receive them.

These Terms of Use were last updated on January 6, 2022.