Terms of service

1. WE DO NOT PROVIDE MEDICAL ADVICE

FondCircle is not a healthcare provider. The Content that you obtain or receive from FondCircle, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Services, is for informational, scheduling, and payment purposes only. All medically related information, including, without limitation, information shared via FondCircle Questions and Answers, FondCircle Blog, FondCircle social channels, FondCircle emails, text messages, and FondCircle advertising is for informational and communicative purposes only.

Healthcare providers including doctors, and other various healthcare entities and their affiliates are collectively defined as a “medical group” regarding online telehealth medical consultations and secure messaging between medical group physicians (individually the “provider” and collectively the “providers”) and their patients.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE, OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

FondCircle is not a referral service and does not refer, recommend or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

2. NO DOCTOR-PATIENT RELATIONSHIP

DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM FONDCIRCLE INCLUDING, WITHOUT LIMITATION, THE “FIND A DOCTOR” FEATURE, FONDCIRCLE ANSWERS, FONDCIRCLE KNOWLEDGE BASE, FONDCIRCLE BLOG, FONDCIRCLE SOCIAL CHANNELS, FONDCIRCLE EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

FondCircle encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

3. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS

In connection with using the Services to schedule appointments with Healthcare Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES, AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

FondCircle or its designee takes certain limited steps to (a) verify that Healthcare Providers participating in the Services hold certain active licenses, certifications, or registrations required by law to practice the specialties of the services offered by them through the Services, and (b) verify that Healthcare Providers are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. FondCircle may also exclude Healthcare Providers from our Services who, at FondCircle’s discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our Community Standards).

While all qualified providers are eligible to use our Services, FondCircle’s lists of Healthcare Providers are not exhaustive. Healthcare Providers choose whether to participate in the Services, what appointment availability if any, to advertise on their FondCircle profiles, and may also choose to set a maximum amount that they want to spend on new patient bookings received through FondCircle. This means that regardless of whether they participate in the Services, Healthcare Providers may have additional availability beyond what’s listed through the Services if you contact them directly. Some Healthcare Providers listed through the Services enter into contracts with us and may pay us fees to be marketed through or to use the Services. If you book an appointment with a Healthcare Provider through the Services, FondCircle may receive a commission.

To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty and/or services they provide. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other FondCircle users, and past experience of FondCircle users with Healthcare Providers). Please note that there may be other Healthcare Providers who meet your search criteria but are not available through FondCircle.

FondCircle (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, (d) is not responsible for making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality, and (e) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). We don’t control the actions of any Healthcare Providers and Healthcare Providers are not our employees. Note, however, to the extent that you use the Services as provided by your employer, FondCircle may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors. In addition, to the extent that FondCircle serves as a platform for, or provides technical support to, the provider directory associated with your health coverage, Healthcare Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable.

We may show you advertisements or sponsored results (“Sponsored Results”) through the Services, including above or interspersed within the search results. FondCircle receives additional fees from Healthcare Providers for including them in Sponsored Results, and such Sponsored Results are not, and should not be considered, an endorsement, referral, or recommendation by FondCircle of the Healthcare Provider. Sponsored Results are conspicuously labeled as “Sponsored” or “Paid Ad” in the Services.

4. SERVICES PROVIDED - NO MEDICAL CARE OR ADVICE BY FondCircle, Inc.

We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

FondCircle does not provide medical advice or care. FondCircle contracts with various medical groups, independent medical groups with a network of United States-based Providers who provide clinical telehealth services. Medical group providers deliver clinical services via the FondCircle platform to their patients. Providers are independently contracted or employed by a medical group. Providers are not contracted or employed by FondCircle. The Providers, and not FondCircle, are solely responsible for the quality and appropriateness of the care they render to you.

The Providers are independent of FondCircle and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from FondCircle. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither FondCircle, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. FondCircle does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

FondCircle does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with an available on-call Provider based solely on the information you submit to the Site. You are ultimately responsible for choosing to engage any particular available on-call Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by FondCircle. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by FondCircle, or in connection with any communications supported by FondCircle, is intended to be for general information purposes only and is in no way intended to create a provider-patient relationship as defined by state or federal law. While FondCircle facilitates your selection of, and communications with, Providers, FondCircle does not provide medical services or medical advice, and the doctor-patient relationship is between you and the medical group Provider you select. You expressly acknowledge that while some of the material on the Site relates to health-related issues, neither the Company nor its employees are licensed to, or are otherwise providing any medical advice.

Not for Emergencies. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

FondCircle’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision-making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information. Unfortunately, the transmission of information via the internet is not completely secure. Although we take commercially reasonable steps designed to protect your personal information, we cannot guarantee the security of your personal information transmitted to, or through, our Services. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures employed by the Services.

Prescription Policy

FondCircle does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA-controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

Not an Insurance Product

FondCircle is not an insurer. The Services are not insurance products, and the amounts you pay to FondCircle are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

Business Intelligence

By using the Site or Services, you acknowledge and consent to FondCircle, or its affiliates, using your de-identified information for Business Intelligence, in accordance with applicable law and this Agreement. “Business Intelligence” means any information derived from or relating to your de-identified personal data as gathered by machine learning and artificial intelligence algorithms applied by FondCircle, or their affiliates, to the de-identified data, including any and all insights, quantitative and qualitative results, statistical results derived from such machine learning and artificial intelligence. For the avoidance of doubt, Business Intelligence shall not include PHI specifically identifiable to any patient.

5. AVAILABILITY OF SERVICES

FondCircle operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

6. MEDICAL INFORMATION

You may elect to enter certain medical information into the Services, including by requesting an appointment or filling out a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have the authorization to provide such information. You can request (and in doing so, authorize) FondCircle to provide this information to your chosen Healthcare Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that FondCircle may use the data or information you provide in a Medical History Form in accordance with our Privacy Policy.