Terms of Use

Acceptance of the Agreement

By interacting with the Platform, opening an account, clicking to accept or agree to the Terms when this option is made available to you, uploading files, or otherwise using the Services, you acknowledge that you have read and understood the Agreement and agree to be bound by it. If you do not agree to any or all of the Terms, please do not interact with the Platform.

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

Eligibility

The Platform is offered and available to Patients who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you may only use the Platform and Services through an account owned by a parent or legal guardian with their permission. If you are under 13, you are not permitted to use the Platform or the Services.

By accessing the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Amendments

TopMD Health reserves the right to amend these Terms from time to time, at its sole discretion. The most recent version will be available through the Platform, reflected in the "Last Updated" header.

If any material changes occur, which are not directly imposed by law or are not purely to your benefit, TopMD Health will provide you with prior notice directly to your account or your email address. Your continued use of the Platform after TopMD Health posts any changes will constitute your acceptance of such changes. If you do not agree to the updated Terms, please discontinue using the Platform.

Class Action Waiver

These Terms contain a binding arbitration and class action waiver provision that affects your rights under the Agreement and with respect to any dispute between you and TopMD Health. This provision provides that all disputes between you and TopMD Health relating to the Agreement or your use of the Platform and Services will be resolved by binding arbitration.

Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury.

Account Registration

You must create an account to access the Platform and use the Services. The information you provide through registration will be handled in accordance with our Privacy Policy.

If you create an account on behalf of a Patient, you acknowledge that you are providing TopMD Health and health care practitioners with the patient's personal or sensitive data and that you have all required authorizations and consents to share and transfer such information.

You agree that any information provided during registration is accurate, current, and complete. You are fully responsible for maintaining the confidentiality of your credentials and for all activities occurring under your account. You agree to immediately notify TopMD Health of any unauthorized use or security breach. TopMD Health is not liable for any losses resulting from unauthorized use of your account. You agree to keep your contact and billing information updated and comply with all billing procedures, including maintaining accurate and lawful billing information.

The Platform and Services

The Platform is an online venue allowing Patients to interact with multiple health care practitioners who are appropriately licensed and qualified to provide second opinion reports on diagnosis and treatment options. TopMD Health does not guarantee the personal identity of any practitioner. The Services are provided solely by the practitioners, and TopMD Health does not act as your agent when you use the Services.

Practitioners have sole discretion and control over the scope and provision of the Services. Subject to your compliance with the Agreement, TopMD Health grants you a limited, non-transferable, non-sublicensable license to access and use the Platform and Services. TopMD Health may modify, correct, update, enhance, remove, or discontinue features of the Platform or Services at any time without liability to you.

The Services depend on access to the internet and third-party services or platforms. By using the Platform, you agree to comply with all terms of such third-party services. TopMD Health is not responsible for the performance or errors of any third-party services.

Content

To receive Services, you must upload certain information, including contact details, study results, medical history, and related materials. Medical Records are your responsibility. TopMD Health is not liable for errors or omissions in such data. You agree not to upload harmful, fraudulent, infringing, or otherwise unlawful content.

You retain ownership of your Medical Records but grant TopMD Health a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, and process such data to provide Services. TopMD Health may de-identify and use such data for research, improvement, and internal purposes. All Medical Records are confidential and protected by doctor-patient privilege between you and the practitioners.

Restrictions

You agree to comply with all applicable laws and these Terms when using the Platform. You may not engage in the following activities:

• Copy, modify, reverse engineer, or create derivative works from the Platform.
• Create multiple accounts or engage in fraudulent behavior.
• Resell, sublicense, or commercially exploit the Platform.
• Use the Platform for unlawful purposes or to infringe others' rights.
• Use TopMD Health's name or logo without permission.
• Access the Platform using automated means or bots.

Warranties and Disclaimer

TopMD Health represents and warrants that it has the legal authority to enter into this Agreement and that practitioners are appropriately licensed. However, communications through the Platform do not involve in-person evaluations. You acknowledge that the second opinion is limited and not a substitute for in-person medical consultation.

Emergency or crisis situations should not be directed to the Platform. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

Except as otherwise provided, the Platform and Services are provided "as is" and "as available." TopMD Health disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

Payments

Fees for Services are displayed during registration or checkout. All prices are subject to change without notice but do not affect active consultations. Unless otherwise stated, fees are non-refundable.

If you use insurance to purchase Services, TopMD Health does not guarantee coverage. You are responsible for taxes and any other applicable charges. By completing your payment, you confirm that the payment method is yours or that you have authorization to use it.

Term, Termination, and Refunds

This Agreement begins when you access the Platform and continues until terminated. TopMD Health may terminate or suspend Services or accounts at its sole discretion without liability.

Refunds are available only if you cancel before your consultation has been accepted, or if TopMD Health cancels your consultation due to unavailability of a practitioner. Once a practitioner accepts your request, refunds are not available.

Intellectual Property

All rights, title, and interest in the Platform, Services, and content belong to TopMD Health or its licensors. You may not claim ownership of any aspect of the Platform or its intellectual property. Feedback or suggestions you provide become the sole property of TopMD Health.

Promotions

TopMD Health may offer promotional discounts or codes. Each offer is subject to specific terms and may be revoked at any time. Only one offer can be applied per order. Promotional offers are non-refundable and non-transferable.

Privacy and Data Protection

TopMD Health will store, process, and use your information in accordance with its Privacy Policy, available on the Platform.

Limitation of Liability

To the fullest extent permitted by law, TopMD Health is not liable for any indirect, incidental, consequential, or special damages, including loss of data, revenue, or profits. TopMD Health's total liability shall not exceed the amount paid by you for Services in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold harmless TopMD Health and its affiliates from any claims or damages arising from your use of the Platform, violation of these Terms, or infringement of third-party rights.

Dispute Resolution; Arbitration; Class Action Waiver

Any dispute arising under or in connection with this Agreement shall first be mediated in good faith. If unresolved within thirty days, disputes will be settled exclusively by binding arbitration under the rules of the American Arbitration Association in the State of New York.

By agreeing to arbitration, you waive the right to a trial by jury or participation in any class action.

Miscellaneous

Except as set forth in the arbitration clause, this Agreement is governed by the laws of the State of New York and the United States of America, without regard to conflict of law principles. Any claims not subject to arbitration shall be brought exclusively in the courts of New York.

Failure by TopMD Health to enforce any provision shall not constitute a waiver. If any provision is found unenforceable, it shall be modified to the minimum extent necessary to remain enforceable.

This Agreement constitutes the entire agreement between you and TopMD Health regarding the Platform and Services.

Questions

If you have any questions regarding the Platform, Services, or this Agreement, please contact TopMD Health at:

• Email: info@topmdhealth.com
• Address: 320 High Street, Palo Alto, California 94301, USA