Terms of Use

Effective Date: March 29, 2024

We hope you love using DocVital. We really do. This document contains important information that you need to consider before using our services.

The following terms and conditions (the “Terms of Use” or the “Agreement”) constitute an agreement between you and DocVital (“we” or “us”), the operator of our website and related services (collectively, the “Services”) provided by us and on/in which these Terms of Use are posted or referenced. Some Services may require you to agree to additional terms specific to those Services, which terms will be presented to you prior to your use of those Services and are deemed part of these Terms of Use. For the purposes of these Terms of Use, the “Services” include, without limitation, appointment scheduling, communication services, and review collection services.

This Agreement constitutes a contract between you and us that governs your access and use of the Services. That means you agree to all the terms and conditions of this Agreement by accessing and/or using our Services. If you do not agree, then you may not use the Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services, whether or not such person registered for an account.

If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.

DocVital's collection and use of Personal Data in connection with the Services is described in our Privacy Policy (“Personal Data” as defined therein).

IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN SECTION 17.1 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND DOCVITAL BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DOCVITAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST DOCVITAL. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

We are constantly trying to improve our Services, so these Terms of Use may need to change along with our Services. We reserve the right to change the Terms of Use at any time, and if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will DocVital be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new features or services will be governed by this Agreement.

If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual or entity).

Memory updated

Here’s the revised version of the "About the Services" section with the information about patient accounts removed, and tailored for the specific services provided by DocVital:

1. ABOUT THE SERVICES

Subject to these Terms of Use, DocVital grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. While some features of the Services can be accessed without an account, DocVital provides features such as online booking, appointment reminders, review requests, and a chat widget to facilitate communication and streamline the chiropractic practice’s operations.

While utilizing the Services, you may encounter certain Content that DocVital makes available to you. “Content” means content, text, data, graphics, images, photographs, information, suggestions, scheduling availability, and other materials provided or made available through the Services. You acknowledge that any Content provided does not create a medical professional-patient relationship and does not constitute medical advice, diagnosis, or treatment. The information is intended to assist you in using our services and understanding your options within the chiropractic practice.

While we make reasonable efforts to provide you with accurate Content, we make no guarantees, representations, or warranties, whether express or implied, with respect to any Content (including but not limited to descriptions of professional qualifications, expertise, quality of care, or treatment outcomes). In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. Furthermore, we do not in any way endorse, refer, or recommend any third-party individuals or entities that may be accessible through the Services.

2. User Responsibilities

You agree to:

Maintain accurate and up-to-date account information.
Use the Services in compliance with all applicable laws and regulations.
Notify DocVital immediately of any unauthorized use of your account or security breach.

3.Data Protection

DocVital is committed to protecting your privacy. Our Privacy Policy outlines how we collect, use, and safeguard your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

4. SERVICES AND CONTENT ARE INFORMATIONAL RESOURCES

DocVital provides its services as informational and educational resources related to chiropractic care. While we aim to provide useful information, we do not guarantee the timeliness, accuracy, or completeness of any content provided through our services.

Content Related to Chiropractic Care

Content available through DocVital, including information about chiropractic care, procedures, and services, is intended for general reference purposes only. This content may be provided by DocVital or collected from various sources and may change over time. DocVital does not guarantee the accuracy or reliability of this content and is not responsible for any errors or omissions.

Procedures/Products/Services

Any information about chiropractic procedures, products, or services presented through DocVital is for informational purposes only. This information does not imply any guarantees about safety, effectiveness, or appropriateness for any individual or situation.

Insurance Information

If we provide information related to insurance coverage and benefits, it is intended for general reference and convenience. This information may be based on the data you provide or from third-party sources and can change frequently. You are responsible for ensuring the accuracy of your insurance-related information and verifying it as needed. DocVital is not liable for any inaccuracies in insurance content.

AI Features

If DocVital uses AI-powered features or tools, these are provided “AS IS” and are intended for informational purposes. We do not make any warranties regarding the accuracy, completeness, or usefulness of AI-generated content. It is your responsibility to assess the relevance and accuracy of any AI-generated information. We are not liable for any errors, omissions, or damages arising from your use of AI features.

For DocVital, this section needs to be adjusted to reflect that the service does not directly handle medical information but rather focuses on managing bookings, reminders, reviews, and similar functionalities. Here's a revised version:

5. MEDICAL INFORMATION

You may choose to enter certain information related to your appointments or interactions with Healthcare Providers through DocVital, such as appointment details and general inquiries. This may include filling out forms or providing information that you authorize DocVital to share with your chosen Healthcare Provider.

Please note the following:

Review and Approval: It is your responsibility to review and ensure the accuracy of any information you provide before your appointment. You may also authorize someone else to do this on your behalf.
Data Usage: DocVital will handle any information you provide in accordance with our Privacy Policy. While we facilitate the sharing of information between you and your Healthcare Provider, we do not directly manage or verify medical histories or specific health data.

If you have any concerns about the information shared or need to update details, please contact your Healthcare Provider directly.

Got it. Here’s a revised version of Section 7, adjusted to reflect that DocVital does not have accounts but does collect patient data while remaining HIPAA compliant:

6. YOUR RESPONSIBILITIES

6.1 Handling of Personal Information

When using DocVital’s Services, you may provide personal and medical information, including details related to appointments or medical history. You are responsible for ensuring that this information is accurate and complete. Although DocVital collects and manages this information in compliance with HIPAA regulations, you should review and confirm the accuracy of any data provided to or collected by DocVital, especially before sharing it with Healthcare Providers.

6.2 General Responsibilities

Using DocVital’s Services does not incur charges for accessing the platform itself, but any medical or related services obtained through Healthcare Providers will be your responsibility to pay. You must provide accurate and current information, including any insurance details. Availability of certain Services may depend on factors such as your insurance coverage. Any disputes related to Healthcare Providers should be handled directly with them.

You are responsible for any interactions with the Services and for ensuring that your information remains secure. You must not use the Services for unlawful or commercial purposes, and you should not engage in activities that could damage or impair our systems or networks. Unauthorized access to Services or data, or the collection and indexing of Content from the Services, is prohibited.

You should adhere to our Acceptable Use Policy and Community Standards. We reserve the right to take legal action and implement measures to address violations of these Terms of Use, our Acceptable Use Policy, and our Community Standards.

6.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries

If you are a Healthcare Provider or involved in the healthcare or medical industries, you agree that: (a) You will use the Services solely for your personal use as a patient or prospective patient, and not to access or use pricing, availability, or other Content for other purposes. (b) You will not engage in activities that involve price fixing, coordination of services, or anti-competitive practices through the Services. (c) You will not use the Services to engage in deceptive practices or violate antitrust, competition, or consumer protection laws.

6.4 Disputes Between Users

DocVital is not obligated to mediate disputes between users or between users and third parties (including Healthcare Providers). By using the Services, you release DocVital, its directors, officers, employees, agents, and successors from any claims or damages arising from disputes or related to the Services.

7. Telemedicine Services

You may be able to access certain telemedicine services through DocVital’s platform, including but not limited to our video service or certain third-party virtual care services (“Video Services”). DocVital is not a healthcare provider, insurance provider, or prescription fulfillment service. Our role in providing the Video Services is limited to offering telehealth-related information and facilitating your access to telemedicine services provided by Healthcare Providers.

DocVital does not oversee or control the services provided by Healthcare Providers using the Video Services. We are independent of these Healthcare Providers and are not responsible for their actions or omissions, nor for any content of your communications with them. Additionally, DocVital has no control over, and assumes no responsibility for, the content, availability, suitability, accuracy, quality, security, legality, reliability, privacy policies, or practices of any third-party Video Services.

When using third-party Video Services, you are encouraged to review the terms and conditions and privacy policies of the respective third-party providers. By utilizing these Video Services, you release and hold DocVital harmless from any liability arising from your use of such services.

8. Third-Party Links and Services

8.1 Links to Other Websites

While using the Services, you may encounter links to other websites. These links are provided for your convenience only, and DocVital does not endorse these sites or the products and services they provide. We are not responsible or liable for the content or accuracy of these other websites. Although we strive to link to reputable websites, we cannot guarantee that they will not contain objectionable, unlawful, or inaccurate material. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and those organizations and/or individuals. You should perform any necessary investigation before proceeding with transactions involving third parties. DocVital will not be responsible or liable for any loss or damage incurred as a result of such dealings.

8.2 Third-Party Software

Certain Services may incorporate third-party software, including open source software. Your use of such third-party software is subject to any additional terms and conditions provided by the third-party software provider. We may provide additional notices related to third-party software, such as attribution and disclaimer notices.

8.3 Application Stores

The availability of our mobile application depends on the third-party stores from which you download it (e.g., the Apple App Store, Google Play, or other distribution platforms) (“Application Providers”). Each Application Provider has its own terms and conditions, which you must agree to before downloading mobile applications. Your license to use our application is conditioned upon your compliance with these Application Provider terms. If these terms conflict with the terms of these Terms of Use, the terms in these Terms of Use will prevail.

When accessing the Services via an application (an “Application”) through an Application Provider, you and DocVital agree as follows:

(i) These Terms of Use are between you and DocVital, not the Application Provider. We are responsible for the Application, not the Application Provider.
(ii) The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely for use in connection with the Services, subject to all applicable terms of these Terms of Use.
(iii) If Apple is the Application Provider, you will use the Application only on an Apple device you own or control.
(iv) The Application Provider has no obligation to provide maintenance or support services or handle warranty claims for the Application.
(v) If the Application fails to meet any applicable warranty, including those implied by law, you may notify the Application Provider. The Application Provider’s sole warranty obligation will be to refund the purchase price, if any.
(vi) DocVital, not the Application Provider, is responsible for addressing any claims related to the Application.
(vii) You must comply with any applicable third-party terms that may affect or be affected by your use of the Application.
(viii) The Application Provider and its subsidiaries are third-party beneficiaries of these Terms of Use in relation to your use of the Application, and may enforce these Terms of Use as third-party beneficiaries.
(ix) If a third-party claims that the Application or your use of it infringes their intellectual property rights, DocVital, not the Application Provider, will handle such claims.
(x) You confirm that you are not located in a country subject to a U.S. government embargo, designated as a “terrorist supporting” country, or listed on any U.S. government list of prohibited or restricted parties.

These terms apply to all Services, including the Application.

9. Payment and Transaction Processing

9.1 Payment and Transaction Processing Generally

You may use the Services to pay for Designated Provider Services (as defined in Section 10.2), other products or services provided by the applicable Healthcare Provider, and/or other payment obligations, such as insurance copayments. DocVital processes payment card information in accordance with our Privacy Policy. DocVital and/or its payment processing partner may collect a transaction processing fee for billing, collection, and payment services ("Transaction Processing Services"). Any payment terms presented during the use or sign-up for paid services or Transaction Processing Services are part of these Terms.

9.2 Designated Provider Services

Certain Healthcare Providers may use the Services to provide pricing information for their healthcare and related products and services ("Designated Provider Services") and allow you to pay for such services through the Services. Before scheduling an appointment for Designated Provider Services, review the price information and the details of the included and excluded products and services. Healthcare Providers must provide Designated Provider Services at or below the price indicated at the time of scheduling ("Designated Price"), unless otherwise agreed. DocVital is not responsible for any discrepancies in pricing or for any failure to agree on pricing for additional or different services.

9.3 Payment of Your Financial Obligations Under Insurance Coverage

Certain Healthcare Providers may allow you to use the Services to pay for part or all of your financial obligations under insurance coverage and benefits ("Insurance Payment Services"). While we strive to provide accurate Insurance Content (e.g., copayment obligations), we do not guarantee its accuracy. Insurance Content is provided by the insurance provider or a third-party clearinghouse and is subject to updates. You may receive an explanation of benefits from your insurance company after receiving services, and you may owe more than the amount paid through the Insurance Payment Services.

9.4 Transaction Processing

If you make a payment through the Services, a transaction processing fee may apply. You acknowledge and agree that:

(a) You are responsible for paying the Designated Price for Designated Provider Services and any additional amounts charged by the Healthcare Provider through DocVital.
(b) You remain responsible for all amounts required by law and contract, including cost-sharing obligations.
(c) If utilizing our Transaction Processing Services, DocVital may process your payment in collaboration with our payment processing partner.
(d) DocVital is not responsible for charges for products or services provided by Healthcare Providers.
(e) DocVital is not responsible for charges submitted by Healthcare Providers.
(f) Any disputes regarding fees charged through DocVital must be resolved directly with the Healthcare Provider.
(g) Use of our Transaction Processing Services may require acceptance of our payment processing partner’s terms of use and privacy policy. Currently, we use Stripe, Inc. as our payment processing partner. You can review Stripe’s Terms of Service at Stripe Terms of Service.
(h) Review all charges processed and notify DocVital of any questions, concerns, or disputes promptly. Questions or disputes must be raised within twelve (12) months from the transaction date.
(i) Provide accurate and up-to-date billing information and notify us or our payment processing partner of any changes or potential security breaches.

DocVital and our payment processing partner are not responsible for errors or omissions by the payment processor. We are not liable if a transaction cannot be completed for reasons including but not limited to:

(A) Inaccurate or incomplete payment information.
(B) Insufficient funds or credit.
(C) Inactive payment card or unverified payment card information.
(D) Termination or suspension of accounts or services.
(E) Suspected unauthorized transactions.
(F) Termination or suspension of services provided to the Healthcare Provider.

10. Reviews and Other Content You Post or Submit

You may have the opportunity to submit feedback, inquiries, or other content through the Services (collectively, "Posted Information"). It is important to act responsibly when posting such information. Your Posted Information must comply with our Acceptable Use Policy and any guidelines provided for Healthcare Provider reviews. While DocVital may moderate Posted Information for compliance, we do not endorse or verify the accuracy of any statements made. Posted Information reflects solely the views of the author, not of DocVital.

All licenses granted herein are subject to our Privacy Policy to the extent they pertain to Posted Information that constitutes personally identifiable information.

By posting Posted Information, you grant DocVital and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such information. This includes the rights to adapt, edit, translate, prepare derivative works of, and incorporate your Posted Information into other works. You warrant that you have the right to grant these licenses without infringing any third-party rights, including privacy, publicity, intellectual property, or other proprietary rights. You may not post false or fraudulent information, or information that does not accurately represent your opinions and experiences.

You understand that DocVital may need to modify your Posted Information to meet technical requirements for connectivity, devices, or media. The licenses you grant include the rights to make such modifications.

Posted Information is the responsibility of the person who posts it and does not reflect DocVital's opinions. DocVital is not liable for any claims, liabilities, or losses resulting from Posted Information.

We encourage you to provide feedback, comments, and suggestions for improving the Services ("Feedback"). Feedback submitted via email, social media, or other communication channels is considered non-confidential and non-proprietary. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose without compensation to you.

11. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain DocVital’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither DocVital nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by DocVital to you are retained by DocVital.

12. Disclaimer

DocVital was created to enhance patients' healthcare experiences, and we strive to make your experience exceptional. However, you acknowledge that:

(a) We have no control over who accesses the Services. (b) We do not control the Content you access. (c) We cannot predict or control how Content might affect you. (d) We are not responsible for how you interpret or use the Content. (e) We cannot influence the actions you may take based on the Content.

You release us from all liability related to your use or inability to use any Content.

DocVital and its licensors, suppliers, partners, parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, consultants, and agents (collectively, the “DocVital Parties”) make no representations or warranties regarding any suggestions or recommendations of services or products offered or purchased through the Services. The DocVital Parties are not responsible for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship or fiduciary duty to you.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” We, including our licensors and suppliers, make no express or implied warranties or guarantees regarding the Content or Services. To the maximum extent permitted by law, we disclaim all warranties, including statutory warranties, with respect to the Services. This includes, without limitation, any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.

We do not guarantee that the results obtained from using the Services will be effective, reliable, or meet your expectations. We do not guarantee that you will be able to use the Services at your preferred times or locations. We are not responsible for the accuracy, reliability, timeliness, or completeness of information provided by other users of the Services or any data or information provided or received through the Services.

Except as expressly stated here, DocVital makes no warranties regarding the information systems, software, and functions made available through the Services or any associated security for the transmission of sensitive information. We do not warrant that the Services will operate uninterrupted, error-free, or without defects, that data loss will not occur, or that the Services or software are free of viruses or other harmful elements.

13. General Limitation of Liability

Your sole and exclusive remedy for any dispute with DocVital is the cancellation of your DocVital account. Under no circumstances shall our cumulative liability to you for any and all claims related to or arising from your use of the Services exceed the greater of (i) $100 or (ii) the total amount of fees, if any, that you actually paid to DocVital and which DocVital retained in the six months prior to the event giving rise to the claim.

To the fullest extent permitted by applicable law, in no event and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the DocVital Parties be liable to you (or to any third party claiming through you) for any indirect, special, incidental, punitive, consequential, or exemplary damages arising from your use of, or inability to use, the Services. This includes, but is not limited to, claims for lost profits, lost data, loss of goodwill, business interruption, work stoppage, accuracy of results, computer failure or malfunction, any other commercial damages or losses, substitute goods, services, or technology, or medical malpractice or negligence of healthcare providers utilized through the Services. These exclusions apply even if we were aware or should have been aware of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

You hereby waive any rights you may have under California Civil Code Section 1542 or similar laws of any jurisdiction, which provides that “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Termination

We reserve the right, in our sole discretion, to terminate, suspend, and/or deactivate your DocVital Account immediately and without notice if you violate this Agreement, or any other policies or terms posted through the Services. We may also terminate, suspend, or deactivate your DocVital Account for any other reason, including inactivity for an extended period. DocVital shall not be liable to you or any third party for any termination, suspension, or deactivation of your access to the Services.

You agree not to attempt to use the Services after any such termination, suspension, or deactivation (except where deactivation is due solely to inactivity, in which case you may create another DocVital Account). Account termination may result in the destruction of any content associated with your DocVital Account.

Sections 1 - 6, 9 - 18, and any other provisions that, by their nature, should survive termination of these Terms of Use shall survive any termination or expiration of these Terms of Use.

DocVital reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use or applicable laws related to the Services. This may include removing any offending communication from the Services, terminating the DocVital Account of such violators, and/or blocking their use of the Services.

15. Indemnification

Upon our request, you agree to defend, indemnify, and hold harmless the DocVital Parties from all liabilities, claims, damages (including actual and consequential), demands, and expenses, including reasonable attorney’s fees, arising from or related to:

(a) your use of the Services; (b) your violation of this Agreement (including these Terms of Use, the Acceptable Use Policy, and the Community Standards); (c) your violation of any intellectual property or other rights of any person or entity; or (d) any unauthorized use of your Credentials.

This indemnification obligation does not apply to liabilities, claims, and expenses arising from our own gross negligence or intentional misconduct.

16. Arbitration Agreement

We hope to resolve any disputes you may have with DocVital amicably. However, if a dispute arises that requires resolution, it will be handled according to this Arbitration Agreement. Please read this section carefully as it requires you to arbitrate certain disputes and limits how you can seek relief from DocVital. By accepting these Terms, you agree that DocVital’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms and can enforce them against you.

16.1 Arbitration Rules; Applicability

The parties agree to attempt to resolve any dispute, claim, question, or disagreement arising from these Terms through good-faith negotiations before initiating arbitration. If these negotiations do not resolve the dispute, it will be finally settled by binding arbitration in New York County, New York. The arbitration will be conducted in English, following the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect. The arbitration will be led by one commercial arbitrator experienced in intellectual property and commercial contract disputes, selected from JAMS’ list of arbitrators in accordance with the Rules. The arbitrator’s award may be entered in any court of competent jurisdiction.

16.2 Cost of Arbitration

The Rules will determine the payment of all arbitration fees. DocVital will cover all arbitration fees for claims less than $75,000. DocVital will not seek its attorneys’ fees and costs in arbitration unless the arbitrator finds your claim to be frivolous.

16.3 Small Claims Court; Infringement

Either you or DocVital may bring claims, if eligible, in small claims court in New York County, New York, or any county where you live or work in the United States. Additionally, despite the obligation to arbitrate, each party has the right to seek injunctive or other equitable relief from any competent court to prevent actual or threatened infringement or misappropriation of intellectual property rights.

16.4 Waiver of Jury Trial

YOU AND DOCVITAL WAIVE ANY RIGHT TO A JURY TRIAL. Instead of going to court, disputes will be resolved through arbitration, which is generally more limited, efficient, and less costly. In any litigation over enforcing or vacating an arbitration award, you and DocVital waive the right to a jury trial and agree to resolve the dispute before a judge.

16.5 Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED INDIVIDUALLY AND NOT AS A CLASS ACTION. Claims from multiple customers or users cannot be combined or consolidated. If this waiver is deemed invalid or unenforceable, disputes will be resolved in court as specified in Section 17.7.

16.6 Opt-out

You may opt out of this arbitration agreement by sending a written notice to: DocVital, Attn: Legal, 568 Broadway 9th Floor, New York, NY 10012, postmarked within 30 days of accepting these Terms. Include your name, residence address, email address or telephone number associated with your account, and a clear statement of your intention to opt out.

16.7 Exclusive Venue

If you opt out as described in Section 17.6, or if the arbitration agreement does not apply, any judicial proceeding (excluding small claims actions) must be brought in the state or federal courts in New York County, New York, or the federal district in which that county falls.

16.8 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced by a provision that closely matches the intent of the original provision.

17. Miscellaneous

17.1 Electronic Contracting; Copyright Dispute

By using the Services or creating a DocVital Account, you electronically sign this Agreement, which includes our Privacy Policy, Acceptable Use Policy, and Community Standards. This Agreement and any related documents may be electronically signed, and such electronic signatures are equivalent to handwritten signatures for validity, enforceability, and admissibility.

For information on how to handle copyright disputes, please refer to our Acceptable Use Policy.

17.2 Phone/Text Communications

(a) Transactional Communications: By providing your mobile phone number to DocVital and agreeing to receive text messages, you consent to receive communications via telephone, SMS, or MMS (or successor technologies) for transactional purposes, including appointment confirmations, reminders, and feedback requests. Standard message and data rates may apply. Message frequency varies. To opt out, reply STOP; for help, reply HELP.

(b) Marketing Communications: By opting in to receive recurring automated marketing messages from DocVital, you agree to receive communications about our products, services, offers, and events. Consent is not required to purchase from us. Standard message and data rates may apply. To opt out, reply STOP; for help, reply HELP.

(c) Representations; Indemnity: You represent that the mobile number you provide is accurate and that anyone you register or provide a number for has consented to receive communications from DocVital. You agree to indemnify DocVital from any claims, damages, or expenses related to breaches of this representation or issues arising from providing a phone number not owned by you.

(d) Participation Requirements: You must have a wireless device capable of two-way messaging, be using a participating carrier, and be a wireless service subscriber with text messaging capability. Not all devices or areas may support our messages. Standard message and data rates apply.

(e) Opt-Out Instructions: You can opt out of receiving transactional and/or marketing texts by adjusting your account settings or following the instructions provided in the messages. Note that opting out of all texts may impact your use of the Services.

(f) Accurate Account Information: Update your DocVital account with any changes to your phone number to ensure we have accurate contact information. New phone numbers added to your account may receive standard SMS messages unless you unsubscribe.

17.3 Limitation of Claims

No action related to this Agreement may be brought more than one (1) year after the cause of action arose. Claims filed after this period are barred.

17.4 Severability

17.5 Governing Law; Language

This Agreement is governed by the Federal Arbitration Act, federal law, and New York State law, without regard to its conflict of laws principles. This Agreement and all related documents are drafted in English. Translations are not binding if they conflict with the English version.

17.6 Entire Agreement; Waiver

This Agreement, along with any supplemental terms and policies posted through the Services, constitutes the entire agreement between you and DocVital, superseding all prior agreements. Failure to enforce any provision does not constitute a waiver of that or any other provision.

17.7 Headings

Section headings are for convenience only and do not affect the interpretation or scope of the Agreement.

17.8 Assignment

DocVital may assign this Agreement to any affiliated company or in connection with a business transfer. You may not assign or transfer this Agreement. Any attempt to do so is null and void.

17.9 Eligibility

You must be at least 18 years old or of legal age in your jurisdiction to create a DocVital Account or use the Services. If you are under 18 or the applicable legal age, you may only use the Services with parental or guardian supervision. By using the Services on behalf of a minor, you represent that you are the parent or guardian and that all references to “you” include the minor and your capacity as their guardian.

The Services are intended for U.S. users only. Any use outside the U.S. is at your own risk and must comply with local laws.

18. CHANGES TO TERMS

DocVital reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Services.

19. CONTACT INFORMATION

For questions or concerns about these Terms, please contact us at:

Email: info@docvital.com

Address:DocVital, Attn: Legal, 30 Vesey St, New York, NY 10007