Terms & Conditions
May 5, 2026
RevDoc, LLC
May 5, 2026
TERMS OF USE
RevDoc’s SERVICES DO NOT INCLUDE HEALTH CARE SERVICES OF ANY KIND. RevDoc IS NOT A MEDICAL DEVICE AND DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. ANY WELLNESS INSIGHTS, BIOMETRIC ESTIMATES, FACE SCAN OUTPUTS, HEALTH SCORES, OR OTHER INFORMATION PROVIDED THROUGH THE REVDOC SERVICES ARE FOR INFORMATIONAL AND WELLNESS PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RevDoc’s SERVICES ARE LIMITED TO FACILITATING COMMUNICATION AND COORDINATION BETWEEN INDIVIDUAL USERS AND HEALTH CARE PROVIDERS. USE OF RevDoc’s SERVICES DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN OR OTHER HEALTH CARE PROVIDER. RevDoc’s SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY DIAL 911 OR SEEK CARE DIRECTLY FROM AN APPROPRIATE PROVIDER OF EMERGENCY HEALTH CARE SERVICES.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOU UNDERSTAND THAT BY ACCESSING OR USING RevDoc’s SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE RevDoc’s SERVICES OR ANY HEALTH CARE SERVICES PROVIDED BY OTHERS THAT ARE FACILITATED THROUGH RevDoc’s SERVICES.
THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME AS DESCRIBED BELOW.
INTRODUCTION
RevDoc, LLC, a Florida limited liability company, and its affiliates (collectively, “RevDoc”) own and operate the RevDoc Mobile Application (the “RevDoc App”) and related website(s) (collectively, the “Sites”). The services provided by the RevDoc App or the Sites (the “RevDoc Services”) are available only to registered users (“Users”) and include (i) providing Users with information on health care and other informational outputs, including content generated or supported by automated systems such as artificial intelligence or derived from third-party data sources (“Content”); (ii) gathering and maintaining health care records and health care information for use by participating Health Care Providers for a variety of purposes, including the making and management of appointments for health care services, communications between providers and their patients in connection with health care services, prescription services; and (iii) administrative support in connection with scheduling, payment for health care provider services.
These Terms of Use are entered into between you and RevDoc. These Terms of Use describe your rights and responsibilities in connection with your use of the RevDoc App, the Sites, and RevDoc’s Services. Your access to and use of the RevDoc App, the Sites, and the RevDoc Services are subject to these Terms of Use, which includes our Privacy Policy, available through the RevDoc App or the Sites and is incorporated herein by reference, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the RevDoc App, the Sites, and/or the RevDoc Services. If you do not accept and agree to be bound by these Terms of Use, you may not access or otherwise use the RevDoc App, the Sites, the RevDoc Services, or Content provided through the RevDoc App, the Sites or the RevDoc Services.
You acknowledge and agree that these Terms of Use constitute a legally binding agreement between you and RevDoc, and that your use of the RevDoc App or the Sites and the RevDoc Services constitute your electronic acceptance of these Terms of Use.
CHANGES TO SERVICES AND TERMS AND CONDITIONS
The RevDoc App, the Sites and the RevDoc Services are continually under development, and RevDoc reserves the right to change or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the RevDoc App or the Sites or the RevDoc Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the RevDoc App or the Sites. Unless otherwise indicated, any new Content is also subject to these Terms of Use upon posting to the RevDoc App or the Sites. If you disagree with any part of these Terms of Use, your sole and exclusive remedy is to discontinue your use of the RevDoc App, the Sites and the RevDoc Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
REVDOC’S SERVICES
RevDoc does not provide any medical or other health care services. Through the RevDoc App or the Sites, RevDoc provides a technology platform through which registered users may identify and communicate with independent health care providers (“Health Care Providers”) and arrange for and coordinate the performance of health care services by those Health Care Providers. Health Care Providers are solely responsible for the health care services they perform, subject to the terms and conditions set forth below. Without limiting the generality of the foregoing, the diagnosis and treatment of any health care condition, and the recommendation and selection of any treatment or other health care service is the sole responsibility of the Health Care Provider. RevDoc does not recommend any particular health care provider and cannot determine whether that health care provider is appropriate to determine your health care condition or needs, and RevDoc does not recommend any particular health care service be performed for you. Those matters are the sole responsibility of the user and the health care provider that they select.
The RevDoc Services may utilize automated systems, including artificial intelligence, machine learning, and computer vision technologies (“AI Systems”), to support the processing, analysis, normalization, or presentation of certain Content, data, or insights made available through the RevDoc App or the Sites.
Content generated or supported by AI Systems or by third-party technologies integrated into the RevDoc Services may be based on probabilistic models, third-party data sources, or automated processes, and may be incomplete or inaccurate.
AI Systems do not provide medical advice, diagnosis, or treatment recommendations, and are not a substitute for consultation with a qualified Health Care Provider. Such outputs may be considered by such Health Care Providers as part of their independent clinical judgment.
You acknowledge and agree that RevDoc does not verify, validate, or guarantee the accuracy, completeness, or reliability of any such Content, data, or outputs.
RevDoc may integrate with or make available certain third-party technologies, applications, or services within the RevDoc App or the Sites, including through software development kits (SDKs) that enable the collection, processing, or display of data from external sources such as wearable devices, imaging tools, or other user-provided inputs. These third-party services may generate or provide data, analyses, or insights that are displayed within the RevDoc App or the Sites for informational and administrative purposes. RevDoc does not control and is not responsible for the accuracy, completeness, or reliability of any such third-party data or outputs.
SERVICES OF HEALTH CARE PROVIDERS
You may, through the RevDoc App or the Sites, identify Health Care Providers who are available to perform certain health care services for you. If you access the services of Health Care Providers through the RevDoc App or the Sites, you agree that the following terms and conditions will apply:
1. Health Care Providers are solely responsible for the health care services they may provide to you and for their compliance with all laws, regulations, and standards of care and practice that apply to them and the health care services they may provide to you. You agree to indemnify and hold harmless RevDoc from and against any loss or other claim arising from injury or other harm or damage you may suffer arising from any health care services you may receive from a Health Care Provider.
2. Without limiting the generality of the foregoing, you are solely responsible for the selection of any Health Care Provider who performs health care services for you, and for your consent and agreement to receive any particular health care service, or for your decision not to receive any particular health care service, or for your failure to comply with any medical advice or recommendations you receive from a Health Care Provider.
3. You agree to provide all relevant medical and other personal information and discuss any and all diagnosis and treatment options with your Health Care Provider.
4. Health Care Providers may use information, data, or insights made available through the RevDoc Services, including data derived from third-party technologies or automated systems, as part of their independent clinical assessment and judgment. You acknowledge and agree that any such use is solely at the discretion and responsibility of the Health Care Provider, and RevDoc does not review, validate, or assume responsibility for how such information is used in connection with your care.
5. If you decide to receive health care services through telehealth, you acknowledge the following. A Health Care Provider may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to receive health care services from a Health Care Provider, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through telehealth may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the Health Care Provider’s ability to diagnose any potential condition, disease or injury. For more information regarding the health care services offered by Health Care Providers, please visit the Products and Services page in the RevDoc App or the Sites.
6. Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; Interactions between a patient and health care provider via audio, video, and/or data communications; and use of output data from medical devices, sound, and video files. The electronic systems used in the RevDoc Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
7. The Health Care Providers you choose through the RevDoc App or the Sites do not accept commercial or other health insurance plans, are not in-network with any commercial or other health insurance plans and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use RevDoc Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, RevDoc, nor any Health Care Provider who provides health care services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the RevDoc Services.
8. The fees Health Care Providers will charge for health care services they provide to you will be disclosed in the RevDoc App or the Sites when you order those services. When you order health care services through the RevDoc App or the Sites, you will be informed of and required to make payment for those services in accordance with the schedule of fees provided at that time. The schedule of fees is, however, subject to change at any time.
9. You agree to pay all fees due to Health Care Providers for the health care services they provide for you. Health Care Providers have no obligation to provide any health care services unless and until full payment has been received and/or verified through the RevDoc App or the Sites. When you register your account with RevDoc, you will see a prompt in the RevDoc App or the Sites for your payment details, including your credit card information. By entering your payment information and submitting your registration, you authorize RevDoc and our third-party payment processors to charge to you, on behalf of Health Care Providers, the amounts you owe to those Health Care Providers on account of the health care services they provide to you. You understand and agree that you are responsible for all fees due to receive health care services, including any fees charged by the Health Care Provider(s), administrative fees and credit card processing fees. In the event that your credit card expires or RevDoc or our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method.
10. If you use funds held in a flexible spending account or FSA, health savings account or HSA, or health reimbursement account or HRA, to pay for health care services you receive from a Health Care Provider, you are solely responsible for confirming that those funds may be used for that purpose.
11. If you receive an order for laboratory services or a prescription for medications, devices, or supplies from a Health Care Provider, you may select a laboratory or pharmacy through the RevDoc App or the Sites to perform your tests or fulfill your prescription. You may also choose to have your tests performed by or your prescription fulfilled through another provider of your choice when prompted during your use of the RevDoc Services. You give us consent to send and disclose to the laboratory or pharmacy you select all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive laboratory or pharmacy services.
12. At-home sample collection kits available through the RevDoc App or the Sites may require a valid order by a licensed health care provider. RevDoc has partnered with a health care provider who is licensed in your state to review your request for at-home testing (the "Reviewing Provider"). You understand and agree that at-home testing services are intended for informational, educational, and wellness purposes only. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the Reviewing Provider as a result of your use of the Services. We will send or cause to be sent the requested test kit to your address after any required health care provider review and approval. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing (the "Lab"). Failure to follow the instructions may result in your samples not being processed by the Lab. The Lab sends the results of the tests to the Reviewing Provider who releases the test results to us. We provide the test results to you via the Services. You understand and agree that it is your responsibility to bring your results to your primary health care provider for interpretation and to inform decisions made about your health and treatment.
13. RevDoc works to identify and make appropriate arrangements with Health Care Providers who will be available to perform the health care services described in the RevDoc App or the Sites. However, RevDoc cannot and does not assure that any particular Health Care Provider will be appropriate to meet the needs of each User or will be available to provide Health Care Services at any given time or in any given location. Information provided through the RevDoc App or the Sites regarding Health Care Providers, and their qualifications, services, and availability, is based upon information RevDoc received from those Health Care Providers and from certain other sources. RevDoc cannot and does not guarantee the accuracy and completeness of that information. You are responsible for confirming all such information with any Health Care Provider that you select through the RevDoc App or the Sites to perform health care services for you.
14. Health Care Providers have agreed to use and disclose your health care and other personal information in accordance with the Health Care Provider’s Notice of Privacy Practices set forth in the applicable Health Care Provider Notice of Privacy Practices and our Privacy Policy, each available through the RevDoc App or the Sites.
COMMUNICATIONS
RevDoc or Health Care Providers may from time to time send you disclosures, notices, messages, reports, and other communications through the RevDoc App or the Sites. It is your responsibility to monitor these communications. None of the communications you receive from RevDoc, including any Content, data, or insights generated or supported by automated systems such as artificial intelligence or derived from third-party technologies integrated into the RevDoc App or the Sites, should be treated as medical advice. RevDoc is not responsible to you in any way, and is not liable for any loss, injury, or claim of any kind, that may result from the contents of any communications you may receive from Health Care Providers through the RevDoc App or the Sites or from your failure to read these communications in a timely way or for your failure to comply with any treatment recommendations contained in these communications.
SMS
By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of RevDoc through your wireless provider to the mobile number you provided.
If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list.
Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with RevDoc. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.
You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to 844-573-8362 or click the unsubscribe link (where available) in any text message to cancel.
You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other RevDoc mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 844-573-8362 or email optout@revdoc.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
AVAILABILITY
Some of RevDoc Services are currently available only to individuals who are located in Florida. Some of the health care services described in the RevDoc App or the Sites are available only in the locations described in the RevDoc App or the Sites.
ELIGIBILITY
In order to use the RevDoc App or the Sites and the RevDoc Services:
You must be 18 years of age or older.
You must be located in a state in which RevDoc operates.
You must register with RevDoc through the RevDoc App or the Sites and agree to be legally bound by and comply with these Terms of Use.
Satisfying these requirements does not guarantee that you will be able to receive any particular health care services described in the RevDoc App or the Sites. All health care services are provided by health care providers who are solely responsible for the services they may provide to you.
REQUIREMENTS FOR USE
You must have compatible mobile devices, access to the Internet, or certain necessary software in order to use the RevDoc App or the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
REGISTRATION AND USER ACCOUNTS
Although certain parts of the RevDoc App or the Sites are accessible by any individual, you are obligated to register with RevDoc in order to access the Services. RevDoc’s Services are available only to Users who have registered with RevDoc and have been granted an account with a username and password. If you are a User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided through the RevDoc App or the Sites. If you do not maintain accurate, complete and up to date information, or RevDoc has reasonable grounds to suspect as much, RevDoc may suspend or terminate your account and your use of RevDoc’s Services. You must also notify RevDoc immediately of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to RevDoc Services by emailing RevDoc at info@revdoc.com. RevDoc may take any and all actions it deems necessary or reasonable to maintain the security of the RevDoc App and the Sites, the RevDoc Services, and User accounts. You must keep confidential your username and password and to exit from your User account at the end of each session. You are responsible for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not at any time allow any other person to use your User account, and you may not at any time use anyone else’s account. RevDoc explicitly disclaims liability for any and all losses and damages arising from your failure to comply with any of these terms. You acknowledge and agree that: (1) all or any part of the RevDoc App or the Sites or the RevDoc Services may not be accessible at any time, for any period, or for any reason; and (2) RevDoc will not be liable if for any reason all or any part of the RevDoc App or the Sites or the RevDoc Services is unavailable at any time or for any period.
‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM
The RevDoc App is intended for use only on a mobile device that runs an unmodified manufacturer approved operating system. Using the RevDoc App on a mobile phone with a modified operating system may undermine security features that are intended to protect your health and other personal information from unauthorized or unintended disclosure.
You are responsible for accessing the RevDoc App and the Sites using secure and compatible devices, operating systems, and web browsers. You acknowledge that accessing the RevDoc App or the Sites through compromised, unsupported, or insecure environments may expose your information to unauthorized access.
Use of the RevDoc App on a mobile device with a modified operating system, or access to the RevDoc App or the Sites through insecure or compromised environments, is a material breach of these Terms of Use.
ACCESS RIGHTS AND PROHIBITED USE
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the RevDoc App or the Sites in the United States and to use the RevDoc Services solely for your personal and non-commercial use and only as permitted under these Terms of Use. No other right, title, or interest in or to the RevDoc App or the Sites is transferred to you, and all rights not expressly granted are reserved by RevDoc or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the RevDoc App or the Sites or the RevDoc Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the RevDoc App or the Sites or the RevDoc Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the RevDoc App or the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the RevDoc App or the Sites, or any other system, device, or property; (e) access or use the RevDoc App or the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the RevDoc App or the Sites, the RevDoc Services or related materials in any way; (g) use or access the RevDoc App or the Sites to create or develop competing products or services or for any other purpose that is to RevDoc’s detriment or commercial disadvantage; (h) take any action or use the RevDoc App or the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the RevDoc App or the Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the RevDoc App or the Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by RevDoc or any of our service providers to protect the RevDoc App or the Sites ; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the RevDoc App or the Sites or any content made available to you on or through the RevDoc App or the Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our RevDoc App or the Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to RevDoc or third-party content from the RevDoc App or the Sites; (n) otherwise use the RevDoc App or the Sites in any manner that exceeds the scope of use granted above; (o) encourage or enable any other individual to do any of the foregoing; or (p) use the RevDoc App, the Sites, the RevDoc Services, or any Content, data, or output generated by or through the RevDoc Services, including any content generated or supported by artificial intelligence or by third-party technologies or services integrated into the RevDoc Services, for the purpose of developing, training, or improving any artificial intelligence or machine learning models or systems.
OWNERSHIP OF CONTENT
As between RevDoc and you, RevDoc is the sole and exclusive owner of all right, title and interest in and to the RevDoc App and the Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on the RevDoc App or the Sites except as generally and ordinarily permitted through the RevDoc App or the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the RevDoc App or the Sites or Content shall be owned solely and exclusively by RevDoc or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the RevDoc App or the Sites or Content.
TRADEMARKS
Certain names, logos, and other materials displayed in and through the RevDoc App or the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of RevDoc or its affiliates. You are not authorized to use any such Marks without the express written permission of RevDoc. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
TERMINATION
The Terms of Use will remain in full force and effect as long as you continue to access or use the RevDoc App or the Sites or Services. You may discontinue your use of the RevDoc App or the Sites and the RevDoc Services at any time. Your permission to use the RevDoc App and the Sites and the RevDoc Services automatically terminates if you violate these Terms of Use. RevDoc may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the RevDoc App or the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment. Subject to applicable law, RevDoc reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the RevDoc App or the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, RevDoc will have no further obligation to provide the RevDoc Services. You agree that if your use of the RevDoc Services is terminated pursuant to these Terms of Use, you will not attempt to use the RevDoc Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold RevDoc harmless from any and all liability that RevDoc may incur, therefore.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE REVDOC APP OR THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE REVDOC APP AND THE SITES AND THE REVDOC SERVICES ARE PROVIDED THROUGH THE REVDOC APP OR THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. REVDOC AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE REVDOC APP AND THE SITES AND THE REVDOC SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, INCLUDING ANY CONTENT GENERATED OR SUPPORTED BY ARTIFICIAL INTELLIGENCE OR BY THIRD-PARTY TECHNOLOGIES OR SERVICES INTEGRATED INTO THE REVDOC APP OR THE SITES, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE REVDOC APP OR THE SITES OR REVDOC SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER REVDOC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE REVDOC APP OR THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE REVDOC APP OR THE SITES. FURTHERMORE, REVDOC DOES NOT GUARANTEE THAT THE REVDOC APP OR THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND REVDOC DISCLAIMS ANY LIABILITY RELATING THERETO.YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE REVDOC APP OR THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL REVDOC, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE REVDOC APP OR THE SITES OR ANY SERVICES PROVIDED THROUGH THE REVDOC APP OR THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE REVDOC APP OR THE SITES. THIS IS TRUE EVEN IF REVDOC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Nothing in these Terms of Use limits any rights you may have under applicable law that cannot be waived or limited by contract.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RevDoc its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the RevDoc App or the Sites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.
MODIFICATIONS TO THE REVDOC APP
RevDoc reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the RevDoc App or the Sites or the RevDoc Services or any portion thereof, with or without notice. You agree that RevDoc shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the RevDoc App or the Sites or the RevDoc Services.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND REVDOC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REVDOC. These Terms of Use and your use of the RevDoc App or the Sites shall be governed by the laws of the State of Florida without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Tampa, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in Tampa, Florida shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim. All parts of these Terms of Use apply to the maximum extent permitted by law. RevDoc and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by RevDoc of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by RevDoc to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
NO AGENCY RELATIONSHIP
Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
REMEDIES
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
ASSIGNMENT
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. RevDoc and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of RevDoc is transferred to another entity by way of merger, sale of its assets or otherwise.
DIGITAL MILLENNIUM COPYRIGHT ACT
RevDoc reserves the right to remove any content or any other material or information available on or through the RevDoc App or the Sites, at any time, for any reason. RevDoc otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with RevDoc.
Notification of Claimed Copyright Infringement.
If you have objections to copyrighted content or material made available on or through the RevDoc App or the Sites, you may submit a notification to our Designated Agent at the following address: info@revdoc.com. Any notification to RevDoc under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; An identification of the content or material that you claim is infringing and where it is located on our the Sites; Information sufficient for RevDoc to contact you, such as your address, telephone number, and/or email address; A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
RevDoc, LLC
PARTICIPATING PROVIDER AGREEMENT AND TERMS OF USE
May 5, 2026
THIS PARTICIPATING PROVIDER AGREEMENT AND TERMS OF USE (“Terms of
Use”) is the contract that shall be in effect between RevDoc LLC, a Florida Limited
Liability Corporation (“RevDoc”), and each health care provider that registers as a
RevProvider through RevDoc (“Provider”) and is effective as of the date of that
registration (“Effective Date”).
RECITALS
A. RevDoc operates an electronic platform known as “the RevDoc mobile
application” or “RevDoc App” (“Platform”) through which (i) individual consumers
(“Users”) may arrange for the performance to them of a variety of health care services
(“Health Care Services”) at their homes, places of work, or other locations of their
choosing; (ii) Users may identify, select, and communicate with health care
professionals who wish to perform Health Care Services for those Users, and who shall
represent and warrant that they are licensed and qualified to perform those Health Care
Services (“Participating Professionals”); (iii) Users and Participating Professionals may
arrange for the Participating Professionals’ performance of Health Care Services and
Users’ payment for those Health Care Services; and (iv) Participating Professionals
shall document and manage their performance of Health Care Services for Users.
B. Provider wishes to act as a Participating Professional in accordance with
RevDoc’s requirements for the Platform, as those requirements are in effect from time to
time (“Platform Requirements”).
1. Participation Requirements.
1.1 Registration. Provider shall, through the Platform and in accordance with the
Platform Requirements, register with RevDoc to act as a Participating Professional and
pay RevDoc’s applicable registration, administration, and other fees and charges, as set
forth in the Platform. Provider shall maintain Provider’s RevDoc registration in effect in
accordance with the Platform Requirements at all times. During the registration
process, Provider shall furnish to RevDoc all required information described in the
Platform Requirements (“Registration Information”). Provider’s Registration Information,
incorporating all changes thereto made pursuant to Section 1.7 (Changes to
Registration Information), shall be incorporated herein by reference.
1.2 Qualifications. Provider represents and warrants that Provider is licensed,
qualified, and prepared to perform Health Care Services for Users in accordance with
the Platform Requirements, and without limiting the generality of the foregoing,
specifically represents and warrants that Provider now complies and at all times shall
continue to comply with all of the following:
(a) Provider is authorized to do business in each State in which Provider has
registered with RevDoc to participate (the “State(s)”);
(b) Provider shall be licensed to practice the profession(s) in which Provider
has registered with RevDoc to participate (“Profession”) in each State, is in good
standing with each professional licensing agency with jurisdiction over Provider’s
performance of Health Care Services, and maintains a Drug Enforcement Agency
(“DEA”) Controlled Substances Permit, as applicable to the Health Care Services
Provider performs hereunder;
(c) Provider shall maintain Provider’s professional competence and skills
commensurate with the medical standards of the community and as required by
applicable law;
(d) Provider shall be currently board certified, or board eligible, as applicable,
unless this requirement is expressly waived by RevDoc;
(e) Provider shall maintain for itself an accurate and up-to-date profile through
CAQH ProView;
(f) If Provider’s medical or professional practice requires Provider to admit
patients to or provide medical or other professional services at a hospital(s), Provider
shall remain in good standing on the medical staff of a hospital within the geographic
area(s) in which Provider shall perform Health Care Services hereunder, with privileges
in Provider’s specialty, as applicable;
(g) If Provider is required by applicable laws to be supervised in the
performance of Health Care Services by another party, such as a licensed physician or
other health care provider, Provider shall arrange for the performance of such
supervision and maintain in effect Provider’s relationship with the supervising party(ies)
and all appropriate documentation required by law to maintain such relationship;
(h) Provider shall not be subject to any oral or written agreement that prohibits,
restricts or otherwise could interfere with Provider’s ability to perform Health Care
Services or otherwise perform the obligations under these Terms of Use that apply;
(i) Provider shall not be excluded from participation in, or otherwise
sanctioned under, Medicare or any other federal or state health care program; and
(j) Provider shall comply with RevDoc’s conditions of participation as set forth
in the Platform Requirements.
1.3 Program Participation. Provider shall provide Health Care Services to Users
upon Users’ request through the Platform, all in accordance with these Terms of Use
and the Platform Requirements. RevDoc shall have discretion to determine the extent
to which Provider shall participate in the activities conducted through the Platform.
1.4 Health Care Services. Provider shall perform Health Care Services for Users
within the scope of, as applicable, Provider’s licensing, training, experience and
qualifications, and consistent with accepted standards of medical practice, the Platform
Requirements, and these Terms of Use. Provider shall use reasonable efforts to
establish and maintain a satisfactory provider-patient relationship with each User who
requests Health Care Services from Provider through the Platform, and thereafter shall
perform Health Care Services for each such User with which Provider establishes that
provider-patient relationship. Provider shall perform Health Care Services for such
Users only pursuant to these Terms of Use and the Platform Requirements, which shall
incorporate the RevDoc Members Terms of Use and shall not enter into any contract
with a User regarding the performance of or payment for Health Care Services that
conflicts with any of the terms and conditions of these Terms of Use or of the Platform
Requirements. Provider shall devote sufficient time, attention and energy necessary for
the competent and effective performance of Provider’s obligations under these Terms of
Use, including without limitation the performance of Health Care Services for
Users. Provider shall be responsible to arrange for coverage by Participating
Professionals when Provider is not available to perform Health Care Services. Provider
shall be solely responsible to Users for the performance of Health Care Services, and
RevDoc shall not control or in any way influence the professional decision-making or
clinical judgment of Provider, and does not review, validate, or interpret any data,
information, or insights made available through the Platform.
1.5 Use of Platform Data. Provider acknowledges that the Platform may display data
or insights generated or supported by third-party technologies or automated systems
and agrees that such information is used solely at the Provider’s discretion and
professional judgment.
1.6 Equipment, Instruments, and Supplies. Provider shall supply all equipment,
instruments, and supplies required for Provider’s performance of Health Care Services.
1.7 Changes to Registration Information. Provider shall provide to RevDoc within
the applicable period of time set forth in the Platform Requirements notice of any
change to Provider’s Registration Information.
1.8 Notice Requirements. Provider shall notify RevDoc immediately in writing if any
of the following occur (“Notice Events”):
1.8.1 Loss of Licensure, Etc. If Provider’s license to practice medicine, DEA
Controlled Substance Certificate, or authority to conduct business or perform Health
Care Services in any State is revoked, suspended, modified, or restricted, or if Provider
is otherwise disciplined by an applicable regulatory agency or professional licensing
board.
1.8.2 Loss of Privileges. If Provider’s medical staff membership or clinical privileges
at a general acute care hospital are terminated, suspended, reduced, modified or
restricted; Provider authorizes RevDoc to receive notice thereof directly from an
institutional provider.
1.8.3 Loss of Insurance. If Provider does not or ceases to comply with the insurance
requirements set forth in these Terms of Use.
1.8.4 Program Exclusion. If Provider is excluded from participation in, or otherwise
sanctioned under, Medicare or any other federal or state health care program.
1.8.5 Use of Excluded Person. If Provider allows any individual excluded from
participation under any federal or state health care program, including Medicare, to
provide any Health Care Service to a User.
1.8.6 Malpractice Claim. If a malpractice claim is filed or likely to be filed against
Provider and if settlement is agreed to or a judgment issued concerning a malpractice
claim involving Provider.
1.8.7 Felony or Misdemeanor. If Provider is indicted for or convicted of a felony or
misdemeanor.
1.8.8 Private Contract. If Provider enters into any contract with a User other than in
compliance with these Terms of Use.
1.8.9 Disability. If Provider becomes disabled or otherwise incapable of performing
Provider’s obligations under these Terms of Use, including: (a) addiction to alcohol,
narcotics or any other controlled substances or (b) diagnosis of severe mental or
emotional disturbance.
1.9 Compliance Requirements. In the performance of Provider’s obligations
hereunder, Provider shall comply with the following requirements:
1.9.1 Regulatory and Licensing Requirements. Provider shall comply with applicable
law, including regulatory agency and licensing board requirements, professionally
recognized standards of health care, and ethical standards, and shall cooperate with
RevDoc in connection with RevDoc’s operation of the Platform or as required to comply
with any applicable legal requirement.
1.9.2 Platform Requirements. Provider shall comply with the Platform Requirements,
which shall be incorporated into these Terms of Use. RevDoc shall make the Platform
Requirements available to Provider upon request. RevDoc may amend the Platform
Requirements as set forth in Section 7.7 (Amendment of Terms of Use and/or Platform
Requirements).
1.9.3 Pharmaceutical and Other Formularies. Provider shall comply with
pharmaceutical and other formularies developed or adopted by RevDoc unless medical
necessity dictates otherwise.
1.9.4 Reporting Obligations. Provider shall with respect to Provider’s use of the
Platform, the performance of Health Care Services for Users, and the billing and
collection of compensation on account of Health Care Services performed for Users,
comply with the reporting requirements of the Platform Requirements.
1.9.5 Complaint and Grievance Procedures. Provider shall comply with RevDoc’s
complaint and grievance procedures as set forth in the Platform Requirements.
1.10 Consent to Obtain Information. Provider grants RevDoc permission to access
all information, including records, summaries of records, reports, files or data related to
Provider’s professional qualifications, fitness to perform duties under these Terms of
Use, or the quality of care rendered by Provider, from any institutional provider,
governmental or private agency or association (including the National Practitioner Data
Bank and applicable licensing board), or any other entity or individual, related to
Provider’s obligations under these Terms of Use. Provider shall provide RevDoc with
any authorization RevDoc may require from Provider to obtain this information. Provider
releases RevDoc, its employees, and its authorized agents from any liability and
expense Provider, its employees or its authorized agents, incur because of any action
taken by RevDoc under this Section.
1.11 Non-Discrimination. Provider shall not: (a) discriminate or except as medically
appropriate differentiate in the provision of Health Care Services to Users because of
race, color, creed, ethnicity, national origin, ancestry, religion, sex, marital status, sexual
orientation, gender or gender identity, age (except as provided by law), physical or
mental handicap, or health status, and (b) render Health Care Services to Users in a
manner and in accordance with the standards of the Platform Requirements, and
consistent with State law requirements and existing medical, ethical and legal
requirements for providing care and continuity of care.
1.12 Insurance. Provider shall comply with the following Provider insurance
requirements:
1.12.1 Professional Liability Insurance. Provider shall obtain at its sole cost and
expense professional liability insurance with coverage limits sufficient to insure the risks
associated with the services Provider performs, and in any event not less than is
required by applicable law and licensing agencies and that is consistent with the
prevailing standards of practice in the community(ies) in which Provider performs those
services. If the policy is a “claims made” policy, Provider shall purchase a “tail” policy
for a period of not less than five (5) years following the effective termination date of the
claims made policy. The tail policy must have the same coverage limits as the primary
policy.
1.12.2 Automobile and Comprehensive General Liability Insurance. Provider shall
obtain at its sole cost and expense automobile and comprehensive general liability
insurance coverage in an amount and scope reasonable for the operation of Provider’s
business.
1.12.3 Workers’ Compensation Insurance. As required by applicable law, Provider
shall obtain at its sole cost and expense workers’ compensation insurance for Provider
and Provider’s agents and employees.
1.12.4 Proof of Insurance. Provider shall provide RevDoc through the Platform at least
thirty (30) days prior notice if any insurance policy required under these Terms of Use is
cancelled, changed or amended. Provider shall furnish, at RevDoc’s reasonable
request, written evidence that the policies are in full force and effect.
1.13 Delegation of Obligations. Provider shall not delegate or subcontract any of its
obligations under these Terms of Use.
1.14 Marketing Services. RevDoc may use Provider’s name, address, telephone
number, type of practice, panel status and other similar information in the operation of
the Platform and in any directory of Participating Providers and in any marketing
materials or forum utilized by RevDoc.
1.15 Other Activities of Provider. Provider may engage in the practice of
professional services and may contract with independent physician associations,
medical groups or health plans for the provision of such professional services if: (i) the
provision of those services does not adversely affect Provider’s performance under
these Terms of Use; (ii) Provider does not directly or indirectly represent that those
services are provided by or on behalf of RevDoc; and (iii) Provider shall not bill Users
for the provision of those services. While Provider is registered or participates as a
Participating Professional, and for a period of three (3) years following termination
thereof, Provider shall not perform or arrange for the performance of any professional
health care services through or with any person, entity, or other business engaged in
activities that are substantially similar to or are competitive with those of the Platform.
1.16 Conflicts of Interest. Provider shall not have any arrangement that may
adversely influence Provider’s judgment in providing Health Care Services to Users, or
any other direct or indirect conflict of interest with respect to providing such Health Care
Services or using the Platform. If Provider identifies any such arrangement or conflict of
interest of the Provider, Provider shall (i) immediately notify RevDoc, and (ii) take any
necessary action to ensure the provision of Health Care Services is not adversely
influenced by the arrangement or conflict of interest.
2. Compensation for Health Care Services.
2.1 Responsibility for and Collection of Compensation. Users shall be solely
responsible to compensate Provider for the performance of any and all Health Care
Services performed by Provider hereunder. All such compensation shall be billed and
collected through the Platform, and paid to Provider through the Platform in accordance
with the Platform Requirements.
2.2 Rates of Compensation. Provider shall determine the rates of compensation
that Provider shall charge to Users through the Platform for the Delivery Method
associated with the performance of Health Care Services, if applicable, and shall record
those rates of compensation in the Platform (“Provider’s Rates”). Provider shall accept
from Users the compensation paid through the Platform as payment in full for Health
Care Services performed for Users. Provider shall hold RevDoc and Users, and all
third-party payors who may be responsible to pay or reimburse for the cost of health
care services performed for Users, harmless for any additional amounts of
compensation that may be owing on account of the performance of Health Care
Services. Without limiting the generality of the foregoing, Provider shall look solely to
Users for payment on account of Health Care Services performed hereunder.
3. Provider’s Use of Platform.
3.1 Platform Functionality. The Platform shall provide its functionality, as available
from time to time, and shall provide no other functionality.
3.2 Supplies. Provider shall use the Platform for the acquisition of all supplies
necessary for the performance of Health Care Services. The fees for supplies
purchased through the Platform will be disclosed in the Platform when the Provider
orders the supplies. When the Provider orders the supplies through the Platform, the
Provider will be informed of and required to make payment for those supplies in
accordance with the pricing provided at that time. The pricing for supplies is, however,
subject to change at any time.
3.3 Use of Platform. Provider shall use the Platform to the full extent of its
functionality in connection with communications with Users, the performance of Health
Care Services for Users, including without limitation the maintenance of medical records
pertaining thereto, and the billing and collection of all compensation owing to Provider
on account of the performance of Health Care Services.
3.4 Payment for Platform Functionality. In consideration of the services RevDoc
provides to Provider through the Platform, Provider shall pay to RevDoc an
Administration Fee to be specified in the Platform Requirements. The RevDoc
Administration Fee covers charges for billing and collecting payments on behalf of
Provider from Users, credit card processing, marketing, maintaining and negotiating
vendor contracts, and Provider support and training. The Administration Fee is subject
to change at any time.
3.5 Use of Platform Data, Third-Party Technologies, and Automated Systems.
Provider acknowledges and agrees that certain data, information, or insights made
available through the Platform may be derived from or generated by third-party
technologies, applications, or services, including but not limited to wearable devices,
imaging tools, biometric or physiological data collection tools, image-based analysis, or
other user-provided inputs. Provider further acknowledges that the Platform utilizes
automated systems, including artificial intelligence, machine learning, and computer
vision technologies, to process, analyze, normalize, or generate certain data,
information, or insights displayed through the Platform. Provider understands that such
technologies may rely on probabilistic models, third-party data sources, or automated
processing methods, and that outputs may vary between systems and may be
incomplete or inaccurate. Provider agrees that all such data, information, and insights
are provided for informational and administrative purposes only and must be
independently evaluated by Provider in the exercise of Provider’s professional
judgment.
4. Termination.
4.1 Termination. Either Provider or RevDoc may terminate Provider’s participation
as a Participating Professional and Provider’s use of the Platform without cause upon
five (5) days’ prior written notice, or upon written notice to the other if the other breaches
a material obligation arising hereunder and does not cure that breach within thirty (30)
days’ following written notice of the breach requesting that the breach be
cured. Notwithstanding any conflicting provision of these Terms of Use, RevDoc may,
except as otherwise restricted by applicable law, terminate Provider’s participation as a
Participating Professional and Provider’s use of the Platform immediately by providing
written notice thereof to Provider as follows:
4.2 Immediate Termination by RevDoc.
4.2.1 Notice Events. In the event of a Notice Event, whether or not Provider has
provided written notice thereof;
4.2.2 Misconduct. If Provider engages in conduct that RevDoc determines to be
unethical; detrimental to patient safety or to the delivery of quality patient care; or
contrary to the professional, clinical or operational standards established by RevDoc,
including the inability of Provider to work effectively with others;
4.2.3 Failure to Perform Services. If Provider inappropriately refuses to provide
Health Care Services requested by a User, repeatedly fails to be available to provide
Health Care Services, does not perform Health Care Services within the minimum
service standards set forth in the Platform Requirements, or is not available to provide
Health Care Services for a continuous period of greater than two (2) months during any
one (1) year period.
4.2.4 Failure to Provide Notice. If Provider fails to comply with any notification
requirement in these Terms of Use; or
4.2.5 Other Grounds. If Provider assigns or delegates any of its rights or obligations
under these Terms of Use other than as expressly permitted herein.
4.3 Termination Not an Exclusive Remedy. Termination by a party as provided by
this Section 4 is not meant as an exclusive remedy and the terminating party may, in
accordance with the dispute resolution procedures set forth in these Terms of Use, seek
any action in law or equity it deems necessary to enforce its rights under these Terms of
Use. No party shall be entitled to punitive damages as a consequence of the other
party’s breach of these Terms of Use. The non-breaching party’s damages shall be
limited to compensatory damages.
4.4 Continuity of Care. Without limiting any provision of the RevDoc Members
Terms of Use, Provider shall upon any termination retain full responsibility for assuring
the continuity of care for Users who are under the care of Provider at the time of that
termination. Provider shall cooperate with RevDoc to assure such continuity of care.
4.5 Provider’s Rights upon Termination. If Provider wishes to have a
reconsideration of any termination by RevDoc, Provider shall request that
reconsideration in writing within thirty (30) days following receipt of RevDoc’s notice of
termination, and in accordance with the applicable requirements provided for in the
Platform.
4.6 Termination Compensation Withhold and Repayment. Upon termination and
prior written notice to Provider, RevDoc may withhold amounts owing to Provider on
account of the performance of Health Care Services for Users for amounts that may be
due from Provider to RevDoc. Within one-hundred eighty (180) days of the effective
date of termination of Provider’s participation as a Participating Professional, RevDoc
shall make an accounting of amounts owed by either party, and any amount owed must
be paid within thirty (30) days thereafter.
5. Confidentiality and Medical Records.
5.1 Confidential Information. Provider will have access to and learn about confidential,
secret, and proprietary documents, materials, data, and other information, in tangible
and intangible form, of and relating to RevDoc and its businesses and existing and
prospective customers, suppliers, investors, and other associated third parties
(“Confidential Information”). Provider further understands and acknowledges that this
Confidential Information and RevDoc’s ability to reserve it for the exclusive knowledge
and use of RevDoc is of great competitive importance and commercial value to RevDoc,
and that improper use or disclosure of the Confidential Information by the Provider will
cause irreparable harm to RevDoc, for which remedies at law will not be adequate and
may also cause RevDoc to incur financial costs, loss of business advantage, liability
under confidentiality agreements with third parties, civil damages, and criminal
penalties. For purposes of these Terms of Use, Confidential Information includes, but is
not limited to, all information not generally known to the public, in spoken, printed,
electronic, or any other form or medium, relating directly or indirectly to: business
processes, referral sources, fee schedules, practices, methods, policies, plans,
documents, operations, services, strategies, techniques, agreements, contracts, terms
of agreements, transactions, potential transactions, know-how, trade secrets,
technologies, manuals, records, supplier information, vendor information, financial
information, results, marketing information, advertising information, pricing information,
employee lists, supplier lists, vendor lists, developments, market studies, sales
information, experimental processes, customer information, customer lists, as well as
the amount, nature, and type of services, products, media, equipment and methods of
RevDoc or its businesses or any existing or prospective customer, supplier, investor, or
other associated third party, or of any other person or entity that has entrusted
information to RevDoc in confidence. Provider understands that the above list is not
exhaustive, and that Confidential Information also includes other information that is
marked or otherwise identified as confidential or proprietary, or that would otherwise
appear to a reasonable person to be confidential or proprietary in the context and
circumstances in which the information is known or used. Notwithstanding the
foregoing, Confidential Information does not include Users’ patient medical information
contained in their medical records. Provider shall comply with all applicable laws and
professional ethical standards with respect to the confidentiality and privacy of such
patient information.
a. Disclosure and Use Restrictions
a. Provider agrees and promises:
i. To treat all Confidential
Information as strictly confidential;
ii. Not to directly or indirectly
disclose, publish, communicate, or make available Confidential Information, or allow it to
be disclosed, published, communicated, or made available, in whole or part, to any
entity or person whatsoever (including other Providers of RevDoc) not having a need to
know and authority to know and to use the Confidential Information in connection with
the business of RevDoc and, in any event, not to anyone outside of the direct employ of
RevDoc; and
iii. Not to access or use any
Confidential Information, and not to copy any documents, records, files, media, or other
resources containing any Confidential Information, or remove any such documents,
records, files, media, or other resources from the premises or control of RevDoc.
Provider understands and acknowledges that the Provider’s obligations under these
Terms of Use regarding any particular Confidential Information begin immediately and
shall continue during and after the Providers registration on the Platform until the
Confidential Information has become public knowledge other than as a result of the
Provider’s breach of these Terms of Use or a breach by those acting in concert with the
Provider or on the Providers behalf.
b. Permitted Disclosures. Nothing in these Terms of Use shall be construed to
prevent disclosure of Confidential Information as may be required by applicable law or
regulation, or pursuant to the valid order of a court of competent jurisdiction or an
authorized government agency, provided that the disclosure does not exceed the extent
of disclosure required by such law, regulation, or order. The Provider shall promptly
provide written notice of any such order to an authorized officer of RevDoc. Nothing
in these Terms of Use prevents the Provider from disclosing or discussing any sexual
assault or sexual harassment dispute arising after Provider’s agreement to these Terms
of Use.
c. Duration of Confidentiality Obligations. The Provider understands and
acknowledges that the Providers obligations under these Terms of Use with regard to
any particular Confidential Information shall commence immediately upon the Provider
first having access to such Confidential Information (whether before or after the Provider
begins registration on the Platform) and shall continue during and after the Providers
use of the Platform until such time as such Confidential Information has become public
knowledge other than as a result of the Providers breach of these Terms of Use or
breach by those acting in concert with the Provider or on the Providers behalf.
5.2 User Information. Provider shall maintain all information pertaining to Users,
including name, address, telephone number and other information that identifies a
particular User (“User Information”), in compliance with applicable confidentiality and
other requirements set forth in the Platform Requirements. Provider shall not disclose,
directly or indirectly allow the disclosure of, or use any User Information for its own
benefit or gain, except Provider may use a User’s name, address, telephone number, or
medical information if medically necessary for proper treatment of the User or upon prior
written consent of RevDoc and the User. Provider acknowledges that certain User
Information may originate from third-party sources or automated processing and
remains responsible for independently verifying such information as clinically
appropriate.
5.3 Medical Records. Provider shall in accordance with the Platform Requirements
and utilizing the functionality of the Platform maintain with respect to each User
receiving Health Care Services from Provider hereunder a single standard medical
record and in a form containing the information, and preserved for the time period(s)
specified by the Platform Requirements. Such records shall be made available at no
cost to other medical providers, subject to applicable privacy and security requirements,
when such records are necessary for treating a User.
5.4 HIPAA and Other Legal Obligations.
5.4.1 Obligations of Provider. Provider shall comply with the requirements that apply
to a “covered entity,” as defined by 45 C.F.R. Section 160.103, with respect to Health
Care Services performed for Users. Provider shall comply with applicable provisions of
the Health Insurance Portability and Accountability Act of 1996 and regulations
promulgated thereunder (collectively, “HIPAA”) and the Health Information Technology
for Economic and Clinical Health (HITECH Act) provisions of the American Recovery
and Reinvestment Act of 2009, and with all laws and regulations applicable to Provider’s
performance of its roles and obligations under these Terms of Use.
5.4.2 Obligations of RevDoc. RevDoc may be considered a Business Associate of
Provider with respect to the services provided by RevDoc incident to its operation of the
Platform. RevDoc shall comply with all laws and regulations applicable to RevDoc’s
performance of its roles and obligations under these Terms of Use, and with the terms
of the business associate agreement included in these Terms of Use.
6. Dispute Resolution.
6.1 Pre-Arbitration Dispute Resolution Procedure. The Platform Requirements shall
include an internal review and appeal process. Provider must exhaust all such
applicable internal review and appeal procedures before invoking the dispute resolution
and arbitration procedures in these Terms of Use.
6.2 Arbitration.
6.2.1 Arbitration, Generally. If the parties cannot resolve a dispute under these Terms
of Use in accordance with Section 6.1, through informal dispute resolution, or as
otherwise required by law, either party may submit the dispute for resolution under
binding arbitration administered by the American Arbitration Association (“AAA”). The
party wishing to pursue the dispute must initiate the arbitration within one (1) year after
the date on which notice of the dispute was given or shall be deemed to have waived its
right to pursue the dispute in any forum. The arbitration must be held in Tampa, Florida,
and the arbitrator shall select the time and location in accordance with the rules of
AAA. The arbitrator must apply State substantive law or federal substantive law where
State law is preempted.
6.2.2 Conduct of Arbitration. The arbitrator may grant any legal or equitable remedy
provided by State law, except as set forth in these Terms of Use. No arbitrator shall
have the authority to allow class action arbitration or requiring consolidated arbitration
involving any third party (ies), and any such ruling would require immediate judicial
review. The arbitrator must provide a written award that includes factual findings and the
legal reasons for the award. Any judicial review of the arbitrator’s award shall be
governed by State law, except that the parties expressly grant a court of general
jurisdiction in Tampa, Florida the authority to correct errors of law and modify the
arbitrator’s award to avoid errors of law. Any court of competent jurisdiction may enter
judgment upon the arbitrator’s award. Each party shall be responsible for any and all of
its costs associated with the arbitration, including attorneys’ fees and expert fees, but
the parties shall equally share the expense of the arbitrator and any administrative
fees. Either party may seek injunctive relief or a temporary restraining order from a
court of general jurisdiction in the State. The decision of the court with respect to the
temporary relief requested shall be subject to appeal as allowed under State law, but
the court shall not have authority to review or grant any request or demand for
damages, restitution, or any other relief.
6.3 Limitation of Liability. Neither party shall be liable for any amounts representing
loss of revenues, loss of profits, loss of business, the multiple portion of any multiplied
damage award, or incidental, indirect, consequential, special or punitive damages,
whether arising in contract, tort (including negligence), or otherwise regardless of
whether the parties have been advised of the possibility of such damages, arising in any
way out of or relating to these Terms of Use.
7. General Provisions.
7.1 Definitions. The capitalized terms as set forth in these Terms of Use shall have
the meanings set forth herein.
7.2 Independent Contractor. RevDoc and Provider are independent contracting
parties. These Terms of Use shall not be construed to create a relationship of
partnership, employment or agency between RevDoc and Provider. Provider shall
exercise its independent professional judgment, including the manner and means of
diagnosing and treating Users. RevDoc does not have and shall not exercise any
control or direction over the methods by which Provider practices medicine or conducts
its business, and RevDoc shall not have any liability for damages suffered on account of
the alleged misconduct or negligence of Provider or any employee, agent or
independent contractor of Provider. Neither Provider nor any of its employees, agents or
independent contractors, shall have any claim under these Terms of Use or otherwise
against RevDoc for any employee benefits. Provider shall indemnify and hold RevDoc
harmless from any loss or liability, if any, arising out of or with respect to any of the
foregoing benefits. Provider is solely responsible for the collection and payment of
applicable taxes on the sale or delivery of Health Care Services by Provider.
7.3 Non-Solicitation and Network Interference. RevDoc acknowledges that
Provider shall establish and maintain clinical relationships with Users incident to its use
of the Platform. Nevertheless, the business relationships between RevDoc and its Users
and between RevDoc and its Participating Providers, and the lists of Users served by
Provider, are RevDoc’s.
7.3.1 Non-Solicitation by Provider. At no time while Provider participates as a
Participating Professional, and for a five (5) year period following termination of that
participation, neither Provider nor any officer, employee, or agent of Provider may
directly or indirectly, for purposes of financial gain, solicit any User without RevDoc’s
prior written consent. Without limiting any of RevDoc’s legal rights arising from
Provider’s breach of this non-solicitation provision, Provider and RevDoc hereby
acknowledge and agree that RevDoc’s actual damages on account of such a breach
are uncertain and impossible to determine as of the Effective Date and, therefore,
Provider and RevDoc hereby agree that Provider shall on account of any such breach
owe RevDoc liquidated damages of one million dollars ($1,000,000) as a reasonable
estimate of such damages.
7.3.2 Non-Disparagement. Provider shall not, directly or indirectly, disparage
RevDoc or the Platform, or any agent or employee of RevDoc, or any Participating
Provider. RevDoc shall not, directly or indirectly, disparage Provider, or any Provider
agent or employee.
7.3.3 Solicitation. For purposes of these Terms of Use, “solicit” means any action by
Provider or any officer, employee or agent of Provider, that could be reasonably
interpreted as: (1) intended to persuade a User or Participating Provider to discontinue
his/her relationship with RevDoc or his/her use of the Platform; (2) intended to persuade
a User to terminate his/her RevDoc user account; (3) intended to persuade a User to
receive health care services from Provider pursuant to a contract that does not comply
with the requirements of these Terms of Use and the Platform Requirements; (4) likely
to cause or encourage a prospective User or health care provider to not establish a
relationship with RevDoc; (5) interference with negotiations conducted by RevDoc; (6)
use or disclosure to any third party of RevDoc user lists acquired during Provider’s
participation as a Participating Professional for the purpose of directly or indirectly
soliciting individuals who were or are Users; or (7) interference with RevDoc’s property
or contract rights.
7.3.4 Terms and Scope. RevDoc and Provider agree the restraints in this Section
7.3 are reasonable as to time and scope. If a court of competent jurisdiction or an
arbitrator(s) appointed under these Terms of Use holds that the restraints are
unreasonable or unenforceable, the court or arbitrator must substitute the maximum
time period or scope reasonable under the circumstances for the stated period or
scope. RevDoc may terminate Provider’s participation as a Participating Professional
and pursue any remedy or right at law or in equity, including specific performance,
injunctive relief, and punitive damages, if Provider breaches this Section 7.3.
7.4 Notices. Any notice required or permitted under these Terms of Use must be
made in writing through the Platform.
7.5 Indemnification. Each party is solely responsible for its acts or omissions and
for any claim, liability, injury, suit, demand, and expense which may result from or arise
out of any malfeasance or neglect caused or alleged to have been caused by that party
or its employees or representatives in performing or failing to perform any obligation
under these Terms of Use. Each party shall indemnify and hold harmless the other party
and its directors, officers, employees and agents from and against any claim, loss,
damage, cost, expense (including reasonable attorney’s fees) or liability to the extent
arising out of or related to the indemnifying party’s act or omission, or its breach of
these Terms of Use.
7.6 Entire Agreement. These Terms of Use and the documents referred to herein,
which are hereby deemed to be incorporated herein, constitute the entire understanding
of, and supersedes any and all agreements, either written or oral, between the parties
with respect to its subject matter. Each party acknowledges that no representation,
inducement, promise, or agreement, oral or otherwise, has been made by either party,
or anyone acting on behalf of either party, not embodied herein.
7.7 Amendment of Terms of Use and/or Platform Requirements. Except as
otherwise set forth in these Terms of Use or restricted by applicable law, the parties may
only amend these Terms of Use as follows: (1) through mutual written agreement of the
parties or (2) by RevDoc as provided herein. RevDoc may amend these Terms of Use
and/or the Platform Requirements at any time and in any manner in its discretion and
shall provide Provider with notice of any such amendment through the Platform. Each
amendment shall be deemed to have been accepted and agreed to by Provider if
Provider continues to use the Platform.
7.8 Assignment. Provider may not assign its rights under these Terms of Use
without RevDoc’s prior written consent. RevDoc may assign its rights under these
Terms of Use to a successor to some or all of RevDoc’s business or activities.
7.9 Governing Law. These Terms of Use are governed by, and must be construed
and enforced in accordance with the laws of the State of Florida.
7.10 Headings/Phrasing. Headings in these Terms of Use are for convenience only,
and do not affect the construction or interpretation of any of the provisions of these
Terms of Use. Unless the context requires otherwise, the term “including” means
“including but not limited to.”
7.11 Waiver/Severability. No waiver of any provision of these Terms of Use shall
constitute a waiver of any other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by each party. The
invalidity or unenforceability of any term or condition of these Terms of Use shall in no
way affect the validity or enforceability of any other term or provision. If a court of
competent jurisdiction, an arbitrator, or any applicable law determines that any provision
of these Terms of Use is unenforceable, the remaining provisions shall continue in full
force and effect. If the determination requires that these Terms of Use be amended, the
parties shall cooperate with each other to amend any section(s) of these Terms of Use
as necessary to address the determination and maintain the business relationship
between Provider and RevDoc.
7.12 Force Majeure. Each party shall be excused from performing its obligations
under these Terms of Use for any period the party cannot perform those obligations, in
whole, or in part, as a result of an act of nature, civil or military authority, an act of
terrorism, war, a fire, explosion, earthquake, or flood, or other cause beyond the
reasonable control of the party, and its nonperformance shall not be a breach of these
Terms of Use. The party excused from performance shall make good faith efforts to
perform under these Terms of Use in the event of any such circumstances. If a party
cannot perform its obligations under these Terms of Use as set forth in this Section for
sixty (60) continuous days, the other party may terminate these Terms of Use with
written notice.
7.13 No Third Party Beneficiaries. Nothing in these Terms of Use, expressed or
implied, shall be construed to confer upon any person, firm or corporation other than the
parties hereto, any remedy or claim under or by reason of these Terms of Use as a
third-party beneficiary or otherwise. These Terms of Use are for the exclusive benefit of
the parties.
Business Associate Agreement
The Health Insurance Portability and Accountability Act of 1996 requires health care
providers, health plans and certain others that are covered entities under HIPAA to
obtain satisfactory written assurances that their business associates will appropriately
safeguard protected health information that they create, receive, maintain, or transmit
on the covered entity’s behalf. These assurances are called a “business associate
agreement.” This business associate agreement supplements and serves as an
addendum to the Participating Provider Agreement and Terms of Use.
RevDoc may be the Provider’s business associate under the administrative
simplification provisions of the Health Insurance Portability and Accountability Act of
1996, as amended by the Health Information Technology for Economic and Clinical
Health Act of 2009 (“HITECH Act”), and as implemented by guidance and regulations,
including without limitation 45 C.F.R. Parts 160, 162 and 164 (collectively “the HIPAA
Rules”), if the Provider is a covered entity and RevDoc creates, receives, maintains, or
transmits protected health information in the course of providing services to the Provider
that are subject to the Terms of Use. RevDoc does not undertake to determine, and has
not determined that, any given Provider is a covered entity or that RevDoc is that
Provider’s business associate. Terms used in this business associate agreement have
the meanings given them in HIPAA. Any reference to “protected health information”
refers only to protected health information that RevDoc creates, receives, maintains, or
transmits in the course of providing services to the Provider that are subject to the
Terms of Use. The term “protected health information” does not refer to any information
that RevDoc creates, receives, maintains, transmits, uses, or discloses for or on behalf
of a RevDoc User and not for or on behalf of a Provider.
To assist Providers that are covered entities in complying with HIPAA, and in order to
comply with any obligations that RevDoc may have under the HIPAA Rules, RevDoc
agrees with each Provider, respectively, to the extent that Provider is a covered entity
and that RevDoc creates, receives, maintains, or transmits protected health information
or electronic protected health information on that Provider’s behalf:
1. RevDoc will perform and comply with all the applicable obligations and
requirements imposed upon business associates under HIPAA.
2. RevDoc may use and disclose protected health information only as necessary
for the purpose of providing services to the Provider subject to the Terms of Use, or as
otherwise permitted by the HIPAA Rules, or as required by law. In addition, RevDoc
may use and disclose protected health information for RevDoc’s proper management
and administration and to carry out RevDoc’s legal responsibilities, as long as, in the
case of a disclosure for these purposes, either:
2.1 The disclosure is required by law; or
2.2 RevDoc obtains reasonable assurances from the person to whom
RevDoc discloses the protected health information that it will be held confidentially and
used or further disclosed only as required by law or for the purposes for which it was
disclosed to such person, and that the person will notify RevDoc of any instances of
which it is aware in which the confidentiality of the information has been breached.
3. RevDoc will not make any use or disclosure of protected health information that
the Provider would not be permitted to make under HIPAA.
4. If RevDoc engages a subcontractor in connection with providing services to the
Provider that are subject to the Terms of Use, RevDoc will disclose protected health
information to that subcontractor only if RevDoc obtains satisfactory written assurances
that the subcontractor will appropriately safeguard that information. RevDoc will enter
into a business associate agreement with any subcontractor that creates, receives,
maintains, or transmits protected health information on RevDoc’s behalf, under which
that subcontractor will agree to comply with the applicable requirements of HIPAA and
agree to the restrictions and conditions that apply to RevDoc with respect to that
information.
5. RevDoc will:
5.1 Use appropriate administrative, physical, and technical safeguards and
comply, where applicable, with 45 C.F.R. Part 164, Subpart C, including without
limitation 45 C.F.R. § 164.308, with respect to electronic protected health information, to
prevent use or disclosure of protected health information other than as permitted by this
business associate agreement.
5.2 If RevDoc becomes responsible to carry out any of the Provider’s
obligations under the HIPAA Rules, carry out those obligations in accordance with the
HIPAA requirements that would apply to the Provider.
5.3 Report to the Provider any use or disclosure of protected health
information not permitted by this business associate agreement, including any security
incident involving electronic protected health information or any breach of unsecured
protected health information of which RevDoc becomes aware, as required by 45 C.F.R.
§ 164.410. RevDoc’s reporting practices are described in Section 5 below.
5.4 Upon the Provider’s request, make available to the Provider any
protected health information that RevDoc maintains in a designated record set, as
necessary to enable the Provider to comply with its obligations to provide individual
access to and copies of that protected health information.
5.5 Upon the Provider’s request, make available to the Provider any
protected health information that RevDoc maintains in a designated record set, as
necessary to enable the Provider to comply with its obligations to amend protected
health information, and incorporate any amendments as the Provider may instruct.
5.6 Report to the Provider, upon the Provider’s request, all disclosures of
protected health information by RevDoc, as necessary to enable the Provider to comply
with its obligation to account for uses and disclosures of protected health information.
RevDoc will report only those uses and disclosures for which the Provider would be
required to provide an accounting.
5.7 Make RevDoc’s internal practices, books, and records relating to the
use and disclosure of protected health information available to the Secretary of the
United States Department of Health and Human Services (“Secretary”), for purposes of
determining the Provider’s compliance with applicable legal obligations. RevDoc will
also disclose protected health information when required by the Secretary under 45
C.F.R. Part 160, Subpart C, to investigate or determine our compliance with HIPAA.
5.8 Upon termination of the Provider’s relationship with RevDoc, return or
destroy all protected health information that RevDoc maintains in any form and retain no
copies of such information or, if return or destruction is not feasible, extend the
protections of this business associate agreement to such information and limit further
use and disclosure of the information to those purposes that make the return or
destruction of the information infeasible.
6. RevDoc will provide written notice of any use or disclosure of protected health
information not permitted by this business associate agreement, or security incident
involving electronic protected health information (other than an unsuccessful security
incident), or any breach of unsecured protected health information. In the event of a
breach of unsecured protected health information, RevDoc will report the following
information without unreasonable delay and in no event later than sixty (60) calendar
days from the date of discovery of a breach:
i. the name of each individual whose unsecured protected health
information has been, or is reasonably believed to have been, accessed, acquired, or
disclosed during the breach,
ii. the date of the breach,
iii. the date of the discovery of the breach,
iv. a description of the types of unsecured protected health information
that were involved, and
v. any other details necessary to complete an assessment of the risk of
harm to the individual.
Notice given in accordance with this business associate agreement will also satisfy
RevDoc’s obligations to report the ongoing existence and occurrence of unsuccessful
security incidents, for which no additional notice will be required. For purposes of this
business associate agreement, unsuccessful security incidents include, without
limitation, activity such as pings and other broadcast attacks on our firewall, port scans,
unsuccessful log-on attempts, denial of service and any combination of the above, so
long as no such incident results in unauthorized access, use or disclosure of electronic
protected health information.
The Provider will remain responsible for providing notification to individuals whose
unsecured protected health information has been disclosed, as well as the Secretary,
and the media, as required by the HIPAA Rules.
7. The Provider may immediately terminate its relationship with RevDoc if the
Provider determines that RevDoc has violated a material term of this business associate
agreement and failed to cure that breach within a reasonable period of time after the
Provider has notified RevDoc of the violation.
8. Nothing express or implied in this business associate agreement is intended to,
or does, confer upon any other person or entity any rights, remedies, obligations, or
liabilities whatsoever.