98point6 Technologies Inc.
Health System Terms of Service

v1.0 Last revised July 2023

These Terms of Service (“Terms of Service”) apply to Healthcare Providers and administrative users (collectively “Providers”) using the 98point6 Virtual Care Platform (“Platform”), including online interfaces and properties (e.g., websites and mobile applications) owned and controlled by 98point6 Technologies inc. (“98point6”), and generally made available via the https://98point6.com website and/or subdomains thereof. “98point6 Customer,” “Customer,” “Providers,” “You,” “your,” and similar terms refer to the Healthcare Providers and administrative users using the Platform on behalf of 98point6 customers under the terms of a Master Software and Services Agreement. You must agree to these Terms of Service in order to use the Platform.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SITE AND/OR USING THE SERVICES ASSOCIATED WITH THE 98POINT6 VIRTUAL CARE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE PLATFORM. BY ACCEPTING THESE TERMS OR BY ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU ARE NOT AUTHORIZED TO ACCESS THE PLATFORM.

1. Consent To Electronic Communications

You consent to receive communications from us via electronic means, such as email or text. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

2. Platform Use

In order to provide virtual care via the Platform, you must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to you as a healthcare provider or other professional using the 98point6 Platform. You must also agree to complete all training provided by 98point6 regarding use of the Platform. 98point6 does not participate in any relationships between Customer, Provider and/or patient. 98point6 does not practice medicine, nor does it provide any professional services. 98point6 provides access to Software as a Service (SaaS). Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Customer/Provider is solely responsible for all billings and collections from patients and other consumers. 98point6 has no liability whatsoever to Provider concerning any amounts owed by any patient to Customer and/or Provider.

3. Independent Professional Judgment, Medical Decision Making, and Indemnification

Provider will use the Platform in accordance with applicable standards of good professional practice. While the Platform may support decision making and facilitate services provided by Provider, no functionality included in the Platform replaces the independent professional judgment or medical decision making of Provider. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider will indemnify, defend, and hold harmless 98point6 and its affiliates, members, directors, trusses, officers, shareholders, employees, representatives, agents, attorneys, successors and assigns from any and all claims, liabilities, obligations, judgments, suits, proceedings, causes of actions, assertions, allegations, government fees and penalties, and investigations that arise as a result of Provider’s use of the 98point6 Platform. 98point6 will not be liable to Provider for any lost profits or for any special, incidental, or consequential damages whatsoever, regardless of the legal theory of the claim.

4. Virtual Waiting Room

The Platform includes a Virtual Waiting Room, which is intended to be monitored by at least one provider at all times. Any technology implemented in conjunction with the virtual waiting room, such as virtual triage, is intended to support Providers, but does not substitute or replace independent professional judgment or medical decision making by Provider.

5. Platform Access and Security Responsibilities

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Service or violation of applicable law. You agree to maintain the confidentiality of your Platform credentials and not share them with any third party.

The 98point6 virtual care platform transmits sensitive data, including PHI. Please use a strong password; do not share your login credentials; update your OS and web browser software regularly; install and use anti-virus and firewall software; do not access or use the 98point6 virtual care platform to provide care while in a public place.

6. Limited License

You are granted a limited license to access the Platform as an end user. 98point6 retains all right, title, and interest in and to the Software, Services, Custom Developments, Documentation, and any other materials made available to you as part of the Platform and any materials, results, methods, improvements or insights relating to the Platform and related services, including any feedback you provide. You shall not reproduce any part, component, or content included in the Platform, or remove, alter, or destroy any proprietary markings contained in or on the Platform.

7. Medical Disclaimer

98POINT6 IS NOT ENGAGED IN RENDERING MEDICAL, CLINICAL, or OTHER HEALTH-RELATED ADVICE. PROVIDER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS MADE OR ADVICE GIVEN AS A RESULT OF USE OF THE PLATFORM AND FOR THE SELECTION OF THE PLATFORM TO ACHIEVE PROVIDER’S INTENDED RESULTS.

8. Provider Agreements, Consents, and Patient-Facing Policies

PROVIDER IS RESPONSIBLE FOR ALL PROVIDER AGREEMENTS, CONSENTS, PATIENT-FACING POLICIES INCLUDING PRIVACY POLICIES AND NOTICE OF PRIVACY PRACTICES, AND ANY OTHER NOTICES REQUIRED BY LAW.

9. Disclaimer of Warranties

EXCEPT AS PROVIDED IN THE MASTER SOFTWARE AND SERVICES AGREEMENT, 98POINT6 DISCLAIMS ALL OTHER WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PLATFORM IS PROVIDED “AS IS.” 98POINT6 DOES NOT WARRANT THAT THE PLATFORM WILL OPERATED UNINTERRUPTED OR ERROR-FREE. 98POINT6 SHALL NOT BE RESPONSIBLE FOR ANY INFORMATION PROVIDED BY PROVIDER AND 98POINT6 SHALL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED IN OR ACCESSED VIA THE PLATFORM. 98POINT6 MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RESULTS PROVIDER WILL OBTAIN BY USING THE PLATFORM NOR DOES 98POINT6 GUARANTEE ANY OUTCOMES FROM USE OF THE PLATFORM.

10. Revisions

These Terms of Service, in conjunction with the Master Software and Services Agreement, constitute the entire agreement between 98point6 and you pertaining to the subject matter hereof. 98point6 may at any time, in its sole discretion, revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. By continuing to use the Platform, you agree to such revisions.