1. Acceptance of Terms
By accessing, browsing, or using the Medximity website located at medximity.com, any associated subdomains, mobile applications, or services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must immediately cease all use of the Platform.
Your continued use of the Platform following the posting of any changes to these Terms constitutes your acceptance of such changes. We reserve the right to modify these Terms at any time without prior notice.
2. Definitions
Throughout these Terms, the following definitions apply:
- "Medximity," "we," "us," or "our" refers to Medximity, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, and licensors.
- "Platform" refers to the Medximity website, mobile applications, APIs, and all related services, tools, and features.
- "User," "you," or "your" refers to any individual or entity that accesses or uses the Platform, including Patients, Providers, and Visitors.
- "Provider" refers to any healthcare professional, practice, clinic, or medical organization that registers and maintains a profile on the Platform.
- "Patient" refers to any individual who creates a patient account on the Platform for the purpose of booking appointments, managing health records, or communicating with Providers.
- "Visitor" refers to any individual who browses the Platform without creating an account.
- "Content" refers to all text, images, data, information, software, audio, video, and other materials available on or through the Platform.
- "User Content" refers to any content submitted, posted, or transmitted by Users through the Platform, including reviews, messages, and profile information.
3. Eligibility
You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We do not knowingly collect information from or direct our Platform to individuals under the age of 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will take steps to delete that information promptly.
4. Account Registration and Security
Certain features of the Platform require account registration. When creating an account, you agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Maintain the security and confidentiality of your login credentials and not share them with any third party.
- Accept sole responsibility for all activities that occur under your account.
- Notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate any account that we reasonably believe has been used in violation of these Terms, without prior notice or liability.
5. Description of Services
Medximity operates a healthcare services platform that provides, among other things:
- Provider Directory: A searchable directory of healthcare providers, including their profiles, specialties, locations, and contact information.
- Appointment Booking: Online scheduling tools that allow Patients to request and book appointments with Providers listed on the Platform.
- Patient Portal: A centralized patient account that aggregates appointments, health records, forms, and communications across multiple Providers.
- Provider Profiles and Websites: Tools for Providers to create and manage their professional profiles and practice websites.
- Health Information: Educational content, symptom checkers, and wellness tools provided for informational purposes only.
- Communication Tools: Secure messaging and notification systems between Patients and Providers.
Medximity is a technology platform and is not a healthcare provider. We do not provide medical advice, diagnosis, or treatment. The Platform facilitates connections between Patients and Providers but does not participate in, endorse, or guarantee any healthcare services rendered by Providers.
6. Provider Responsibilities
Providers who register on the Platform agree to the following additional terms:
- Licensure: You represent and warrant that you hold all required licenses, certifications, and permits to practice in your jurisdiction and that such credentials are current and in good standing.
- Accurate Information: You are solely responsible for the accuracy of your profile information, including your name, credentials, specialties, accepted insurance plans, office hours, and location details.
- Compliance: You agree to comply with all applicable federal, state, and local laws, rules, and regulations governing the practice of healthcare, including but not limited to HIPAA, state licensing requirements, and professional ethics standards.
- Patient Care: You acknowledge that Medximity does not interfere with, control, or direct your professional judgment or the provider-patient relationship. All clinical decisions remain solely your responsibility.
- Appointment Management: You agree to honor appointments booked through the Platform or provide reasonable notice of cancellation in accordance with your stated policies.
- NPI Verification: If required, you agree to provide a valid National Provider Identifier (NPI) number and consent to verification of your NPI and associated credentials.
7. Patient Responsibilities
Patients who create accounts on the Platform agree to the following additional terms:
- Accurate Information: You are responsible for providing accurate personal, contact, and health-related information when creating your account and booking appointments.
- No Emergency Use: The Platform is not designed for emergency medical situations. In the event of a medical emergency, call 911 or your local emergency services immediately.
- Appointment Commitments: You agree to attend scheduled appointments or cancel within the timeframes specified by the Provider's cancellation policy. Repeated no-shows may result in restrictions on your booking capabilities.
- Privacy of Others: You agree not to share or disclose any information about other Patients or Users that you may access through the Platform.
- Account Security: If your account is created automatically when booking an appointment, you are responsible for securing your account by setting a password and maintaining its confidentiality.
8. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Using the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
- Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
- Interfering with or disrupting the Platform or its servers, networks, or infrastructure.
- Attempting to gain unauthorized access to any portion of the Platform, other User accounts, or any systems or networks connected to the Platform.
- Using automated scripts, bots, scrapers, or other automated means to access, collect data from, or interact with the Platform without our express written consent.
- Transmitting any viruses, worms, malware, or other harmful or disruptive code.
- Posting or transmitting content that is defamatory, libelous, obscene, threatening, harassing, discriminatory, or otherwise objectionable.
- Using the Platform to send unsolicited commercial communications or spam.
- Attempting to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Platform.
- Framing, mirroring, or otherwise incorporating any part of the Platform into any other website or application without our prior written consent.
- Posting false, misleading, or fraudulent reviews, ratings, or feedback about Providers.
- Using the Platform to collect personally identifiable information about other Users without their consent.
9. Intellectual Property
All content, features, functionality, trademarks, service marks, trade names, logos, and other intellectual property displayed on or available through the Platform are owned by Medximity or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use, subject to these Terms. This license does not include the right to:
- Reproduce, distribute, publicly display, or publicly perform any Content from the Platform.
- Modify, create derivative works from, or reverse-engineer any Content or technology on the Platform.
- Use any data mining, robots, or similar data-gathering or extraction methods.
- Download (other than page caching) any portion of the Platform or any information contained therein, except as expressly permitted.
10. User-Generated Content
By submitting, posting, or transmitting User Content to or through the Platform, you grant Medximity a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with the Platform and Medximity's business operations.
You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
We reserve the right, but have no obligation, to review, monitor, edit, or remove any User Content at our sole discretion, including content that we determine violates these Terms or is otherwise objectionable.
11. Payments and Fees
Certain services offered through the Platform may require payment. By using paid services, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated or required by applicable law.
Medximity uses third-party payment processors to handle payment transactions. By providing your payment information, you agree to the terms and privacy policies of the applicable payment processor. Medximity does not store full credit card numbers on its servers.
We reserve the right to change our pricing at any time. Changes to pricing for subscription-based services will take effect at the start of the next billing cycle following notice of the change.
12. HIPAA and Health Information
Medximity takes the protection of health information seriously. To the extent that Medximity receives, maintains, or transmits Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), we comply with applicable HIPAA requirements, including the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule.
Medximity may enter into Business Associate Agreements ("BAAs") with Providers as required by HIPAA. Providers are solely responsible for ensuring their own HIPAA compliance, including obtaining appropriate patient authorizations and consents.
Patients should be aware that information communicated through the Platform's messaging features may constitute PHI. While we implement reasonable security measures to protect such information, no electronic communication method is completely secure.
13. Disclaimers
THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDXIMITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE PLATFORM.
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY HEALTHCARE SERVICES PROVIDED BY PROVIDERS LISTED ON THE PLATFORM.
- WARRANTIES REGARDING THE ACCURACY OF PROVIDER CREDENTIALS, LICENSING STATUS, OR PROFESSIONAL QUALIFICATIONS.
MEDXIMITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDXIMITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
- DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.
- DAMAGES RESULTING FROM ANY HEALTHCARE SERVICES RECEIVED FROM OR INTERACTIONS WITH PROVIDERS FOUND THROUGH THE PLATFORM.
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS.
- DAMAGES RESULTING FROM ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES ACCESSED THROUGH THE PLATFORM.
IN NO EVENT SHALL MEDXIMITY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO MEDXIMITY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Indemnification
You agree to indemnify, defend, and hold harmless Medximity, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or access to the Platform.
- Your violation of these Terms.
- Your violation of any applicable law, rule, or regulation.
- Your violation of any third-party rights, including intellectual property rights or privacy rights.
- Any User Content that you submit, post, or transmit through the Platform.
- Any healthcare services you provide or receive through connections made on the Platform.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.
16. Third-Party Services and Links
The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by Medximity. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
Your interactions with third-party providers, including Providers listed on the Platform, are solely between you and such third parties. Medximity is not responsible for any loss or damage arising from such interactions.
17. DMCA and Copyright Complaints
If you believe that any content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent with the following information in writing:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and that is to be removed.
- Your contact information, including address, telephone number, and email address.
- A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner.
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to: [email protected].
18. Termination
We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination:
- Your right to use the Platform will immediately cease.
- We may delete or deactivate your account and all related information and files.
- Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, and governing law.
You may terminate your account at any time by contacting us at [email protected]. Account termination does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.
19. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles.
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Florida. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver: YOU AGREE THAT ANY CLAIMS BROUGHT AGAINST MEDXIMITY WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Small Claims Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction.
20. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
21. Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be indicated by updating the "Effective" date at the top of this page. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms.
We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check these Terms for changes.
22. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by Medximity on the Platform, constitute the entire agreement between you and Medximity regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
23. Contact Information
If you have any questions, concerns, or complaints about these Terms or the Platform, please contact us:
- Email: [email protected]
- Support: [email protected]
- Contact Page: medximity.com/contact-us