Terms of Service

1. Acceptance of Terms and Service Description

By accessing or using My Healthy Doc ("we," "our," or "the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

My Healthy Doc provides AI-powered health consultation services through our proprietary "Healthy Doc" AI assistant, as well as access to licensed healthcare providers for telemedicine consultations. Our Service includes:

• AI health chat consultations (informational only, not medical advice)
• Video or async consultations with licensed doctors ($79 per session)
• Medical weight loss program qualification assessments
• Prescription request and refill services (where legally permitted)
• Health education content and resources

Service Territory and Eligibility

The Service is offered to individuals who are U.S. residents and are physically located within the United States (all 50 states and the District of Columbia) at the time of care. We do not market to or provide services to users located outside the United States, and prescriptions cannot be shipped internationally.

You represent that you will only use the Service while in the United States and that any shipping address provided is within the United States.

2. Medical Disclaimer and Limitations

MEDICAL EMERGENCY WARNING: My Healthy Doc is not an emergency service. If you are experiencing a medical emergency, call 911 immediately. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL SITUATIONS.

Not Medical Advice

THE AI CONSULTATION SERVICE PROVIDED BY HEALTHY DOC IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The information provided should not be relied upon as a substitute for professional medical advice from qualified healthcare providers.

No Doctor-Patient Relationship

Use of the AI chat feature does not create a doctor-patient relationship. A doctor-patient relationship is only established when you book and complete a consultation with one of our licensed healthcare providers.

3. HIPAA Compliance and Privacy

Privacy Notice: Your health information is handled according to our Privacy Policy and HIPAA regulations. All AI chat conversations and consultations with licensed providers are HIPAA-protected under our Business Associate Agreement with AWS.

We work with trusted healthcare partners to provide our services, including:

• Electronic health record providers
• Telemedicine platforms and doctor networks
• Medical qualification and assessment services
• Partner pharmacies

Important: Your Protected Health Information (PHI) is secured and compliant with HIPAA requirements.

4. User Responsibilities and Prohibited Uses

Accurate Information

You agree to provide accurate, current, and complete information about yourself and your health. Providing false information may result in inappropriate health guidance and account termination.

Prohibited Activities

You may not:

• Use the Service for any illegal or unauthorized purpose
• Share your account with others or use another person's account
• Attempt to obtain prescriptions through fraudulent means
• Harass, abuse, or threaten healthcare providers or staff
• Reverse engineer, decompile, or attempt to extract the source code
• Use the Service to generate content that violates any law
• Circumvent any security measures or access restrictions

5. AI Consultation Terms

AI Limitations and Accuracy Disclaimer

CRITICAL - AI LIMITATIONS: AI outputs may be inaccurate or outdated. Do not rely on AI alone to make medical decisions. The AI may hallucinate, provide false information, or give advice that is not appropriate for your specific situation.

Healthy Doc AI assistant:

• May be inaccurate and provide false or misleading information
• Cannot diagnose medical conditions
• Cannot prescribe medications
• Cannot replace professional medical evaluation
• May hallucinate or fabricate medical information
• Outputs may be outdated or not reflect current medical guidelines
• Cannot access your actual medical records
• Is not suitable for emergency situations
• Should never be used as the sole source of health information

Your Acknowledgment and Assumption of Risk

YOU ACKNOWLEDGE AND ASSUME ALL RISKS: By using the AI chat feature, you acknowledge that you understand the AI may be inaccurate, may provide advice that is not appropriate for your situation, and that relying on AI responses without professional medical verification could result in serious harm or death. You assume all risk and responsibility for any consequences of using this service.

5A. Texas AI Disclosure (TRAIGA & SB 1188 Compliance)

AI Systems We Use

We use the following AI systems in our healthcare operations:

Your Right to Opt Out of AI-Assisted Care

Texas law grants you the right to refuse AI-assisted healthcare services. You may opt out of AI assistance at any time by contacting us at support@myhealthydoc.com with subject line "AI Opt-Out Request."

If you opt out of AI assistance:

• You will still have access to consultations with licensed providers
• Your provider may use AI tools for administrative purposes (scheduling, record-keeping)
• AI will not be used to generate health information or recommendations for your care
• No change to pricing or service availability

AI Governance and Safety Measures

We maintain a comprehensive AI governance framework that includes:

• Human Oversight: All medical decisions require licensed provider review and approval
• Bias Mitigation: Regular audits to detect and correct algorithmic bias related to race, ethnicity, gender, age, or disability
• Accuracy Monitoring: Continuous evaluation of AI output accuracy against medical standards
• Transparency: Clear labeling when AI generates content or recommendations
• Data Privacy: AI processing complies with HIPAA, maintaining PHI confidentiality

Known AI Limitations

Our AI systems have the following known limitations:

• May produce inaccurate or incomplete information (hallucinations)
• Cannot replace clinical judgment of licensed healthcare providers
• May not reflect most current medical research (knowledge cutoff limitations)
• Cannot account for all individual patient circumstances
• May exhibit bias based on training data
• Cannot provide emergency medical care

Reporting AI-Related Concerns

If you experience issues with AI-generated content or have concerns about AI use in your care:

• Contact our HIPAA Privacy Officer: support@myhealthydoc.com
• File a complaint with the Texas Medical Board: 1-800-201-9353
• Report to Texas Health and Human Services (for SB 1188 violations)

For complete details about our AI systems, governance practices, and your rights, please see ourPrivacy Policy AI Disclosure sections.

6. Licensed Provider Services

Medical services are provided by licensed clinicians engaged through OpenLoop Health, an independent professional corporation network located at OpenLoop Tower, 317 6th Ave, Des Moines, IA 50309. These providers are independent contractors, not employees of My Healthy Doc. We do not control or direct the medical judgment or treatment decisions of these providers.

OpenLoop Health Partnership: OpenLoop Health Inc. acts as a HIPAA Business Associate, providing platform services, provider network management, and clinical operations support. As a Business Associate, OpenLoop is bound by a Business Associate Agreement (BAA) that governs their handling of protected health information in compliance with HIPAA regulations.

Provider Discretion

Healthcare providers maintain complete discretion to:

• Accept or decline to treat any patient
• Prescribe or refuse to prescribe medications
• Refer patients to in-person care when appropriate
• Terminate a consultation if deemed necessary

7. Prescription Services

Prescription Eligibility

Prescription services are only available where legally permitted. Not all medications can be prescribed via telemedicine. Provider discretion and medical necessity determine all prescriptions.

Controlled Substances

WE DO NOT PRESCRIBE CONTROLLED SUBSTANCES THROUGH OUR PLATFORM. This includes but is not limited to:

• Opioid pain medications
• Benzodiazepines
• Stimulants for ADHD
• Sleep medications classified as controlled substances

7A. Telemedicine Prescription Compliance and Requirements

DEA Ryan Haight Act Compliance

Under the DEA Ryan Haight Online Pharmacy Consumer Protection Act of 2008, controlled substances (Schedule II-V) generally cannot be prescribed via telemedicine without an in-person medical evaluation by the prescribing practitioner.

We do NOT prescribe DEA-controlled substances via telemedicine. This prohibition includes:

• Schedule II: Opioids (hydrocodone, oxycodone), stimulants (Adderall, Ritalin), barbiturates
• Schedule III: Codeine combinations, ketamine, anabolic steroids
• Schedule IV: Benzodiazepines (Xanax, Valium, Ativan), sleep aids (Ambien)
• Schedule V: Low-dose codeine preparations, pregabalin

Informed Consent for Prescription Services

Before prescribing any medication via telemedicine, your provider will:

• Establish a valid practitioner-patient relationship through telemedicine consultation
• Obtain your informed consent for telemedicine-based prescribing
• Conduct a medical evaluation appropriate for the medication prescribed
• Review your medical history, current medications, and allergies
• Explain the risks, benefits, and alternatives to the proposed treatment
• Document the clinical justification for the prescription

State-Specific Telemedicine Prescribing Restrictions

Telemedicine prescribing laws vary by state. In addition to federal DEA restrictions, some states impose additional limitations on telemedicine prescriptions. Your provider must comply with the laws of:

• The state where the provider is licensed
• The state where you are physically located at the time of consultation
• The state where the pharmacy is located (if applicable)

Some states may prohibit or restrict telemedicine prescribing for certain medication categories, including antibiotics, weight loss medications, or medications with abuse potential. Your provider will inform you if state law prevents prescribing via telemedicine.

Practitioner-Patient Relationship Requirement

A valid practitioner-patient relationship must be established before prescribing medications. This relationship is created when:

• You complete a telemedicine consultation (video, audio, or asynchronous) with a licensed provider
• The provider conducts an appropriate medical evaluation
• The provider determines that telemedicine is an appropriate mode of delivery for the treatment
• You consent to the telemedicine relationship and treatment plan

Important: Questionnaire-only prescribing (without provider interaction) does not establish a valid practitioner-patient relationship and is prohibited by most state medical boards.

Prescription Limitations and Refill Policies

The following limitations apply to telemedicine prescriptions:

• Initial Prescriptions: May be limited in quantity (e.g., 30-90 day supply) pending follow-up
• Refills: Require periodic re-evaluation by provider (intervals vary by medication type)
• Long-term Prescriptions: May require in-person evaluation after a specified period
• High-risk Medications: Subject to additional monitoring and documentation requirements

Pharmacy Selection and Verification

You may choose any licensed pharmacy to fill your prescription. If you select one of our partner pharmacies, you acknowledge that:

• The pharmacy is a separate entity from My Healthy Doc
• The pharmacy is responsible for filling, dispensing, and shipping your medication
• You must comply with the pharmacy's terms, policies, and state regulations
• Pricing, availability, and shipping are controlled by the pharmacy

Your Responsibilities as a Patient

When requesting prescription services via telemedicine, you agree to:

• Provide accurate, complete, and truthful medical information
• Disclose all current medications, supplements, and allergies
• Inform your provider of any adverse reactions or side effects
• Follow the prescribed dosage and instructions
• Attend required follow-up consultations
• Not share, sell, or transfer prescribed medications to others
• Not seek prescriptions from multiple providers for the same condition (doctor shopping)

Reporting Adverse Events

If you experience an adverse reaction to a prescribed medication:

• Serious Reactions: Seek emergency medical care immediately (call 911)
• Non-Emergency Reactions: Contact your prescribing provider via the platform
• FDA Reporting: You may report side effects to FDA MedWatch at 1-800-FDA-1088

8. Prescription Fulfillment and Shipping

Shipping Compliance

Prescription shipments will follow all applicable federal and state laws. Adult signature may be required at delivery for certain medications as required by law.

Shipping Restrictions and Responsibility

Shipping restrictions may apply based on medication type and destination. We are not responsible for shipping delays or issues once medications leave the pharmacy.

9. Partner Pharmacies

We work with the following partner pharmacies to fulfill prescriptions:

Note: Partner pharmacies may change and this page is kept current with our active partnerships.

10. State Coverage

Currently offering services in all 50 states plus Washington D.C. Some services may not be available in all 50 states or Washington D.C. Subject to change. Services are provided only to users located in the United States; we do not support care, fulfillment, or shipping outside the United States.

Healthcare providers are licensed in specific states where they practice. You must be physically located in a state where the provider is licensed at the time of consultation.

11. Pharmacy Choice

You may use any pharmacy of your choice. If you prefer, we can transmit prescriptions to one of our partner pharmacies listed on our site.

12. Weight Loss Medication Disclosure

13. Payment Terms

Consultation Fees

All consultations with licensed providers (video or async) cost $79 per session. Payment is required before the consultation begins. All fees are non-refundable. Cancellations must be made at least 24 hours in advance.

Insurance

We do not accept insurance for visits. You may use insurance at your pharmacy for medications; coverage varies by plan and medication.

14. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of My Healthy Doc or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any part of our Service without our express written permission.

15. Limitation of Liability

IMPORTANT LIMITATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY HEALTHY DOC'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Exceptions to Liability Cap

The above limitation does NOT apply to claims arising from:

• Gross negligence or willful misconduct by My Healthy Doc or its employees
• HIPAA violations or unauthorized disclosure of your Protected Health Information
• Fraud or intentional misrepresentation by My Healthy Doc
• Death or personal injury directly caused by our gross negligence
• Any liability that cannot be limited or excluded under applicable law

Disclaimer of Certain Damages

WE SPECIFICALLY DISCLAIM LIABILITY FOR:

• Reliance on AI responses that may be inaccurate
• Delayed medical care based on AI recommendations
• Misinterpretation of AI-generated health information
• Technical failures or AI hallucinations
• Medical decisions made by independent healthcare providers
• Failure to seek appropriate emergency care

IN NO EVENT SHALL MY HEALTHY DOC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (EXCEPT AS PROVIDED ABOVE FOR GROSS NEGLIGENCE OR FRAUD), INCLUDING WITHOUT LIMITATION:

• Lost profits or revenues
• Loss of data
• Loss of business opportunity
• Medical outcomes or complications resulting from independent provider decisions

15.2 Licensed Provider Liability Separation

Independent Contractor Relationship: All licensed healthcare providers (including physicians, nurse practitioners, physician assistants, and other medical professionals) who provide services through our platform are independent contractors, not employees or agents of My Healthy Doc.

Provider Responsibility: Each healthcare provider is solely responsible for their own medical decisions, diagnoses, prescriptions, and treatment recommendations. My Healthy Doc does not practice medicine and does not control, supervise, or direct the professional medical judgment of licensed providers.

No Liability for Provider Actions: My Healthy Doc is NOT liable for any acts, omissions, errors, negligence, or malpractice by independent healthcare providers. Claims arising from medical treatment, prescriptions, or provider decisions must be brought against the individual provider, not against My Healthy Doc.

Platform vs. Medical Services: My Healthy Doc provides only the technology platform connecting patients with independent healthcare providers. We do not guarantee outcomes, endorse specific treatments, or assume responsibility for medical care provided by independent contractors.

15.5 Texas Consumer Notice

16. Indemnification

16.1 Your Indemnification to Us

You agree to indemnify, defend, and hold harmless My Healthy Doc, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any medical outcomes resulting from your use of the Service
• Your failure to seek emergency medical care when appropriate

LIMITATION ON YOUR INDEMNIFICATION OBLIGATION: Your indemnification obligation under this Section 16.1 does NOT apply to: (a) claims arising from our gross negligence or willful misconduct; (b) claims resulting from our breach of HIPAA or privacy laws; (c) claims caused by defects in our platform or technology; (d) claims arising from actions or advice of independent healthcare providers that you could not reasonably have prevented; or (e) any claims where applicable law prohibits you from indemnifying us.

16.2 Company Indemnification to You

We agree to indemnify, defend, and hold you harmless from any claims arising from:

• Our willful misconduct or gross negligence
• Our breach of HIPAA or state privacy laws
• Our violation of applicable laws
• Third-party claims that our Platform infringes intellectual property rights

This indemnification does not apply to: (a) claims against healthcare providers (covered by their own professional liability insurance); (b) your breach of these Terms; or (c) third-party content beyond our reasonable control.

17. Dispute Resolution

Binding Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules.

Arbitration Location

The arbitration will be held in Travis County, Texas, or in the county where you reside, at your option. The arbitration may also be conducted via telephonic or video conference arbitration, eliminating any travel requirement.

Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS-WIDE ARBITRATION.

Opt-Out Right

You may opt out of binding arbitration within 30 days of accepting these Terms by sending written notice to: support@myhealthydoc.com with subject line "Arbitration Opt-Out Request" and including your name, email address, and account information.

Automated Notification: Within 7 days of account creation, you will receive an email reminder about your right to opt out of arbitration. This email will include instructions and a direct link to submit your opt-out request.

Small Claims Court Exception

Either party may bring an individual action in small claims court as an alternative to arbitration if the claim qualifies for small claims court jurisdiction.

Medical Malpractice Exception

18. Termination and Account Suspension

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Service or staff
• Creating multiple accounts
• Any other reason at our sole discretion

You may terminate your account at any time through your account settings or by contacting support.

19. Data Security and Breach Notification

We implement reasonable security measures to protect your information. However, no system is 100% secure. We cannot guarantee absolute security of your data.

In the event of a data breach affecting your Protected Health Information, we will notify you within 60 days as required by HIPAA.

20. Third-Party Services and Electronic Communications

Our Service integrates with third-party services including:

• AI chat processing (HIPAA-compliant under AWS Business Associate Agreement)
• Electronic health records
• Telemedicine platforms
• Medical qualification forms
• Partner pharmacies

Electronic Communications Consent

Electronic Communication Agreement: By using our services, you consent to receive communications from us and our healthcare partners through electronic means including email, SMS, secure messaging, and in-app notifications for appointment reminders, test results, prescription updates, and other healthcare-related communications.

We are not responsible for the practices of third-party services. Their use is governed by their respective terms and privacy policies.

21. Governing Law

22. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and My Healthy Doc regarding the use of our Service.

23. Contact Information

24. Additional Healthcare-Specific Terms

State Licensing

Additional state licensing requirements may apply. Please refer to our State Coverage section for current availability.

Continuity of Care

Our Service is designed for episodic care and is not a replacement for having a primary care physician. We encourage you to maintain a relationship with local healthcare providers for ongoing medical needs.

24A. State Licensure Disclosures and Provider Verification

Provider Licensure Requirements

Healthcare providers must be licensed in the state where the patient is located at the time of the telemedicine consultation. Before each consultation:

• You will be informed of your provider's name, credentials, and license state(s)
• The provider must confirm you are physically located in a state where they hold an active license
• Providers cannot treat patients in states where they are not licensed
• Multi-state licenses (Compact licenses) are honored where applicable

How to Verify Your Provider's License

You can verify your provider's license status, view disciplinary actions, and confirm credentials by contacting the appropriate state medical board:

Filing Complaints About Provider Conduct

If you have concerns about a provider's professional conduct, medical care, or ethics, you have the right to file a complaint with the state medical board where the provider is licensed.

How to File a Complaint:

• Contact the state medical board using the information above
• Most boards offer online complaint forms for faster processing
• Provide details about the provider, date of service, and nature of complaint
• Include medical records or documentation if available
• Complaints are typically investigated confidentially

Provider Network and OpenLoop Health

Medical services are provided by licensed clinicians engaged through OpenLoop Health, an independent professional corporation network. OpenLoop Health credentials and monitors all providers in its network for:

• Active, unrestricted medical licenses in practicing states
• Board certifications and specialty qualifications
• DEA registration (for prescribers)
• Professional liability insurance
• Absence of disciplinary actions or sanctions

Interstate Medical Licensure Compact

Some of our providers hold licenses through the Interstate Medical Licensure Compact (IMLC), which expedites licensing for physicians practicing telemedicine across multiple states. IMLC licenses have the same legal standing as regular state licenses.

Learn more at: www.imlcc.org

25. Acknowledgment and Acceptance

By using My Healthy Doc, you acknowledge that:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You are at least 18 years old (or have parental/guardian consent if under 18 in accordance with Section 25A)
• You understand the limitations of AI health consultations
• You will seek emergency care when appropriate
• You consent to arbitration and waive class action rights

25A. Minor Protection and Parental Consent (COPPA Compliance)

COPPA Compliance (Children Under 13)

We do not knowingly collect personal information from children under 13 years of age.

Under the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506:

• Children under 13 cannot create accounts on our platform
• We do not knowingly solicit or collect Protected Health Information (PHI) from children under 13
• If we discover a child under 13 has provided information without parental consent, we will delete it immediately
• Parents who believe their child under 13 has used our service should contact us immediately at support@myhealthydoc.com

Minors Ages 13-17: Parental Consent Requirement

Minors between 13 and 17 years of age may use our services ONLY with verifiable parental or legal guardian consent.

Parental Consent Process:

• Parent or legal guardian must create the account on behalf of the minor
• Parent must provide consent via email confirmation and identity verification
• Parent's payment method must be used for all services
• Parent has access to all health information and communications
• Parent retains the right to revoke consent and terminate the account at any time

Age Verification

We employ age verification mechanisms to prevent underage access:

• Date of birth verification during account creation
• Payment method verification (credit card holders must be 18+)
• Identity verification for parental consent (government-issued ID)
• Periodic re-verification for accounts flagged as potentially underage

Falsifying Age: Providing false information about age is a violation of these Terms and may result in immediate account termination. Additionally, obtaining prescription medications by misrepresenting age may constitute fraud under federal and state law.

Minor Data Protection

For accounts belonging to minors (with parental consent), we provide enhanced data protections:

• Parental Access: Parent/guardian has full access to minor's health records
• Consent for Sharing: Parental consent required before sharing data with third parties
• Marketing Opt-Out: Minors are automatically opted out of marketing communications
• Data Retention: Minor data is deleted upon request or when minor turns 18 (unless legally required retention)
• Privacy Settings: Enhanced privacy controls for minor accounts

State-Specific Minor Healthcare Laws

Some states grant minors the right to consent to certain healthcare services without parental involvement (e.g., reproductive health, mental health, substance abuse treatment). We comply with applicable state laws:

• Texas: Minors may consent to treatment for STDs, pregnancy, substance abuse, and mental health without parental consent (Texas Family Code §§ 32.003, 32.004)
• California: Minors 12+ may consent to mental health treatment and reproductive health services (California Family Code § 6924-6929)
• Confidentiality: Where state law permits minor consent, we will protect minor confidentiality as required by law

Providers will determine whether state law permits treatment without parental consent on a case-by-case basis.

Prohibited Content for Minors

Our platform employs content filters to protect minors from:

• Adult-oriented content (sexual health content restricted to age 18+)
• Controlled substance information (prescription of controlled substances prohibited for minors via telemedicine)
• Harmful health misinformation targeting vulnerable populations
• Third-party advertising targeting minors

Parental Rights and Controls

Parents and legal guardians of minor users have the following rights:

• Access: View all health information, consultations, and communications
• Correction: Request correction of inaccurate information
• Deletion: Request deletion of minor's data (subject to legal retention requirements)
• Opt-Out: Opt minor out of AI-assisted care, data sharing, or marketing
• Termination: Close minor's account at any time
• Complaint: File complaints about data handling or service quality

Reporting Underage Users

If you suspect an underage user is accessing our services without proper parental consent, please report to:

FTC and COPPA Enforcement

The Federal Trade Commission (FTC) enforces COPPA. If you have concerns about our minor protection practices, you may file a complaint with: