Latest revision: March 29, 2018
CirrusMD Inc. ("CirrusMD") is a healthcare communications platform designed to offer secure patient-to-healthcare provider messaging and video chat, in addition to scheduling, patient data capture/access and other related services and products (collectively "CirrusMD Services" or "Services").
If you do not agree to all of these Terms and do not wish to be bound by this agreement, you are not authorized to use any CirrusMD Services or our website, secure portal or mobile services.
The terms "you," "your," "yours,", "user," "users," refer to you, the individual patient or medical practitioner using CirrusMD. When we use the terms "patient" or "patients," we are referring only to i) patients using CirrusMD Services to receive healthcare services or to test CirrusMD or the CirrusMD Services; or ii) other individuals using CirrusMD Services to test CirrusMD or the CirrusMD Services or to administer CirrusMD or CirrusMD Services. Likewise, when we use the term “Individual Medical Practitioner(s)” we are referring only to the individual medical practitioner(s) using CirrusMD Services to provide healthcare services to patients or to test CirrusMD or the CirrusMD Services.
If you are an Individual Medical Practitioner using the CirrusMD Services to provide healthcare services and are doing so pursuant to an agreement between CirrusMD and a CirrusMD Provider (as such term is defined below) with which you are associated, your use of CirrusMD Services will be governed by these Terms. If you have previously entered into an agreement with CirrusMD on an individual basis, then that agreement will control your use of the CirrusMD services.
The terms "CirrusMD," "Company," "we," "our," "ours," refer to CirrusMD Inc.
CirrusMD reserves the right to modify, edit or update these Terms at any time and for any reason. Continued use of our Services signifies your agreement to be bound by any revisions to these Terms. The date of the latest revision of our Terms is listed above.
By agreeing to our Terms and using CirrusMD Services, you are granted a limited, personal, non-exclusive, non-transferable, revocable license to use CirrusMD Services for your personal use and not for resale or further distribution. Your right to use CirrusMD Services is limited by the Terms set forth herein.
You agree and acknowledge that CirrusMD Services are not meant for use in medical emergencies. If you are a patient and believe you may be experiencing a medical emergency, DO NOT attempt to sign into CirrusMD. Dial 9-1-1, call your doctor or go immediately to the closest emergency department. In addition, if you are in need of follow-up care or assistance as a result of an adverse reaction to treatment or if you are unable to communicate with an Individual Medical Practitioner as a result of a technological or equipment failure, and it is NOT a medical emergency, call your doctor for assistance or go to the closest emergency department to receive an in-person medical evaluation and follow-up care.
If you are an Individual Medical Practitioner, you acknowledge and agree that you will not use CirrusMD Services to treat any medical emergencies and you will advise all patients that CirrusMD Services are not meant for use in medical emergencies. Should a medical emergency arise during the use of CirrusMD Services, you agree to immediately dial 9-1-1 or otherwise use the appropriate channels to resolve such medical emergency
CirrusMD Services are offered in connection with established healthcare providers. These health systems, practices, Individual Medical Practitioner and/or other healthcare providers ("CirrusMD Provider," "Provider," collectively "Providers") have entered into a contract with CirrusMD to provide healthcare services using CirrusMD Services.
CirrusMD Does Not Provide Medical Advice
CirrusMD Services (and any related web and mobile services) only enable communication between patients and their Providers. We do not offer any direct medical advice, treatment, recommendations or diagnoses. We do not employ or retain any physicians for the purpose of provisioning medical services. Think of us as a really sophisticated communications company for your health care needs; we only provide the connection between you and a medical provider.
Each Provider and Individual Medical Practitioner is responsible for ensuring that they are in compliance with any and all applicable state and federal regulations regarding the establishment of a patient/doctor relationship. CirrusMD cannot verify pre-existing relationship status; therefore we must rely on the Providers and Individual Medical Practitioners using our service to do so when such pre-existing relationship is required by applicable regulation.
Accuracy of Data
You agree that you are solely responsible for the content of any messages that you send as well as the information that you relay to your provider as part of the registration process or in a video session, in addition to any other content that you submit or post through CirrusMD Services. You agree that you will only submit accurate information in a full and complete manner over any of our Services.
CirrusMD does not have the ability to directly prescribe any medication for patients using CirrusMD Services. Any prescription offered as a result of an interaction over CirrusMD Services is exclusively at the discretion of a Provider.
Provider Referrals and Complex Cases
If you are a patient, a Provider may decide to refer you to another Provider for coverage under CirrusMD Services. Providers may maintain limited patient panels and may close their availability to additional or new users of CirrusMD Services. Additionally, some patients' medical condition or medical history may be deemed too complex or inappropriate for CirrusMD Services. This decision is at the sole discretion of Providers. When an Individual Medical Practitioner determines that the nature of the CirrusMD Service renders the Individual Medical Practitioner unable to access all pertinent clinical information that a health care provider exercising ordinary skill and care would deem necessary for the practice of medicine at an acceptable level of safety and quality in the context of the particular medical encounter, the Individual Medical Practitioner shall make this fact known to the Patient prior to the conclusion of the encounter and must advise the Patient of the need for the Patient to obtain an additional, in-person medical evaluation that is reasonably able to meet the Patient’s needs. CirrusMD Providers have the right to not accept or terminate a patient relationship over CirrusMD Service for any reason or no reason at all.
Any patient that has paid for access to CirrusMD Services and been deemed ineligible for subscription by their Provider will be able to receive a refund for any payments provided during the timeframe they were deemed ineligible.
High Speed Data Connectivity
CirrusMD Services require access to a high speed data network, either by cellular network, wireless or landline - depending on your device. It is dependent on both the patient and their Provider to ensure that they have a sufficiently fast data connection, particularly for video chat sessions. If you do not have access to a high quality data connection, please move to a different location that does before attempting to use CirrusMD Services. It is your responsibility to ensure you have sufficient network data capacity before launching any CirrusMD Services. CirrusMD is not responsible for network coverage by either patients or Providers.
For Mobile Users
- An iOS device (iPhone 5s/iPad 4th generation) with the latest operating system updated (iOS 10+) and the native CirrusMD (or white-labeled) iOS app installed
- An Android device (less than 2 years old) with at least Lollipop (5.1) and the native CirrusMD (or white-labeled) Android app installed
For Computer Users
- A modern desktop or laptop computer (ideally less than 3 years old)
- Operating System: PC-Windows 7+, Apple-OSX 10.6+
- Desktop Web Browser: Google Chrome, Safari and Firefox are preferred web browsers because they update automatically
- Internet Explorer 11 and mobile Chrome, Safari and Firefox are not supported for provider usage – they are not fully compatible with CirrusMD’s video chat
- High speed internet connection of at least 3.0 Mbps Download / 1.0 Mbps Upload speeds for optimal use
- Webcam (most modern computers have a webcam built in)
- Microphone (most computers and webcams have a microphone built in)
CirrusMD Services are offered to patients either under a self-pay fee-for-access subscription relationship (a “Self Pay Subscription”) or at no cost as a part of their larger healthcare plan from a health insurance company, employer or other healthcare “payer”. If you are a patient accessing CirrusMD Services through a Self Pay Subscription, you agree that you are responsible for paying our monthly subscription fee, which may be subject to change from time to time. You agree to be solely responsible for all costs incurred by you to connect to the CirrusMD Services, including but not limited to obtaining and maintaining all data connectivity, computer, smartphone, tablet, web camera and any other equipment necessary.
CirrusMD Services are not intended for reimbursement through insurance, Medicare or Medicaid. Our Providers have agreed to not submit any interaction over CirrusMD Services for reimbursement. CirrusMD is not an insurance product of any kind. If you are a patient, you acknowledge that CirrusMD Services are available uniquely through our Service and are not otherwise available from your Provider.
You must be at least eighteen years of age to establish an account with CirrusMD. For minors under the age of eighteen, a parent or legal guardian may establish and utilize CirrusMD Services on behalf of the minor. If you are entering into this Agreement on behalf of a minor, you represent and warrant that you are the parent or legal guardian of such minor and that you have the right to contract on such minor’s behalf, without obtaining the consent or approval of any other party. To the extent applicable law requires that you obtain the consent of such minor to enter into this Agreement, you represent and warrant that you have such consent. If a legal guardian establishes an account on behalf of a patient who is under the age of eighteen, the guardian acknowledges that they have received permission from the patient to access their Protected Health Information ("PHI") and interact with a doctor on their behalf. It is your responsibility to always provide truthful answers to the best of your ability and knowledge in any interaction with your Provider over CirrusMD Services.
You are required to register your account under your own legal name or the legal name of the minor for whom you are maintaining an account. You are responsible for maintaining the confidentiality of your user information and password and for all activities that occur under your account and password. If unauthorized use of your password occurs or you are aware of any other security concerns/potential breaches of data security, you must notify CirrusMD immediately at email@example.com.
You agree that you will keep your account information and email address current and up-to-date. You hereby grant CirrusMD permission to communicate with you using this email address.
You must comply with all applicable laws when using CirrusMD Services. Except as may be expressly permitted by applicable law or authorized by CirrusMD in writing, you will not, and will not permit anyone else to: (i) upload, post, email, or otherwise transmit any content or images that we, in our sole discretion, deem inappropriate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) use any automated tool (e.g., web crawlers, bots, spiders, automated scripts, etc) to to collect information from or otherwise interact with CirrusMD Services; (iii) interfere with the operation or hosting of the Platform or the System; (iv) rent, lease, or sublicense your access to CirrusMD Services to another person; (v) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any rights to access or use the Platform or otherwise make the Platform available to any third party except for Company’s Providers as expressly permitted herein or otherwise use this website or any of its contents in any way for any public or commercial purpose; vi) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of any aspect of the CirrusMD Services; (vii) circumvent or disable any usage rules or other security features of CirrusMD Services; (viii) use CirrusMD Services in any manner that threatens their integrity, performance, or availability; (ix) remove, alter, or obscure any proprietary notices (including copyright notices) anywhere within CirrusMD Services; (x) use CirrusMD Services for any purpose in violation of local, state, national, or international laws; (xi) distribute or post advertising or other unsolicited material to any third party; (xii) impersonate any person or entity or falsely represent your identification; (xiii) Use the CirrusMD Services to distribute spam or other unsolicited emails, viruses, malware, or any other computer code, harmful or otherwise; (xiv) use CirrusMD Services for any purpose other than their intended use; (xv) alter, modify, reproduce, create derivative works of the CirrusMD Services; (xvii) Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the CirrusMD Services; or (xviii) build or attempt to build a competitive product or service to the CirrusMD Services.
For the purposes of this Agreement, “Suggestion” shall mean any input, feedback (or other information) regarding the further refinement, development, modification or improvement of the CirrusMD Services or other observations, comments, criticisms, and feedback regarding the use, operation, functionality and features of the CirrusMD Services, provided to CirrusMD by you or any other entity or person. You agree that CirrusMD shall be the sole owner of any Suggestions or other input, feedback or other information regarding the further refinement, development, modification or improvement of the CirrusMD Services, and further agree that CirrusMD shall be the sole owner of any resulting enhancement, refinement, development, modification or improvement of the CirrusMD Services; and therefore you hereby assign to CirrusMD all right, title and interest in and to any Suggestions, input, or feedback (or other information), including any associated intellectual property rights that you may make regarding the CirrusMD Services.
Various aspects of CirrusMD Services may be covered by patents, trademarks or copyrights owned or licensed by CirrusMD.
Your use of CirrusMD Services, and all information, products or services contained therein, is at your sole risk. CirrusMD Services are provided on an “as is,” “as available” and “with all faults” basis. Reliance on any information or advice offered by any Provider through CirrusMD is at your exclusive discretion, and you assume all risk for the results or outcome of any resulting course of action. CirrusMD does not monitor or have access to any information exchanged between patients and Providers and cannot in any way ensure the accuracy of these communications. To the fullest extent permissible under law, CirrusMD and its managers, officers, directors, employees, affiliates, advisers, shareholders or other representatives (collectively "affiliates") disclaim all representations and warranties, expressed or implied, statutory or otherwise, including, but not limited to, warranties of fitness of title, non-infringement, purpose, merchantability and freedom from errors, bugs and/or viruses. Furthermore, CirrusMD and any of its affiliates make no warranty to the accuracy, reliability, timeliness, usefulness, adequacy, completeness or suitability of the CirrusMD Services or any information, recommendations or advice given by CirrusMD Providers or any Individual Medical Practitioner.
Except as expressly provided herein, in no event shall CirrusMD’s aggregate liability for all claims of any kind, including any claims arising out of or related to these terms or your use, or inability to use, the CirrusMD Services, whether by statute, contract, tort, or under any other theory of liability, exceed (i) the fees paid by you for the services hereunder during the twelve (12) month period immediately preceding the date on which the cause of action arose, or (ii) if you have not paid any fees for use of the CirrusMD Services, an amount equal to $5.00 per month for every month you were receiving the CirrusMD Services during the twelve (12) month period immediately preceding the date on which the cause of action arose.
To the maximum extent permitted by applicable law, in no event shall CirrusMD, its directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, the CirrusMD Services or any other aspect of this agreement. Under no circumstances will CirrusMD be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the CirrusMD Services or your account or the information contained therein.
Your exclusive remedy for any interruption or cessation of access or transmission to or from the CirrusMD Services in violation of these terms is for CirrusMD to refund all fees paid to CirrusMD by you.
The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these Terms between the parties and limit their potential liability given the fees collected by CirrusMD for CirrusMD Services, which would have been substantially higher were CirrusMD to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms. Nothing in these Terms is intended to exclude or restrict or shall be construed as excluding or restricting (i) the liability of CirrusMD caused by the gross negligence of CirrusMD, its employees, or its agents; (ii) the liability of CirrusMD for its willful misconduct; or (iii) any liability which cannot be limited or excluded by applicable law.
You will indemnify and hold CirrusMD, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use, misuse or non-use of CirrusMD Services, your violation of these Terms, or your violation of any rights of a third party through use of CirrusMD Services.
If you are an Individual Medical Practitioner providing healthcare services using CirrusMD Services, you explicitly agree, in addition to the forgoing indemnification obligations, to indemnify and hold CirrusMD, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by, resulting from, or arising out of your provision of healthcare services using CirrusMD Services or a failure to do the same.
These Terms enter into effect upon the date you first access or use CirrusMD Services and/or establish an account. CirrusMD may modify these Terms at any time. These Terms remain in effect for as long as you continue to access or utilize any CirrusMD Services.
Either you or CirrusMD may terminate this contract and your right to use the CirrusMD Services at any time, with or without cause. In the event that the relationship between CirrusMD and your Provider is terminated, CirrusMD may communicate that to you.
These Terms and the licenses granted hereunder shall terminate without notice in the event that you (or any authorized person using your account) fail to comply with them. Upon any termination, you will destroy all copies of CirrusMD materials in your possession and immediately cease any access to or use of the CirrusMD Services.
Upon termination for any reason, the provisions of these Terms relating to indemnification and any other provisions which by their nature should survive termination or expiration of this Agreement, shall so survive.
We reserve the right to limit, modify, or discontinue, temporarily or permanently, all or a part of CirrusMD Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of CirrusMD Services.
Governing Law; Time Limit for Causes of Action
These Terms are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.
You and CirrusMD agree that any cause of action arising out of or related to these Terms or CirrusMD Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred; provided, however, that the forgoing shall not apply to any cause of action arising out of or Caused by (i) the gross negligence or willful misconduct of CirrusMD, its employees, or its agents; or (ii) any liability which cannot be limited in the forgoing manner by applicable law.
For Residents of Texas: Risks and Benefits of Telemedicine
In Texas, telemedicine medical service means a health care service delivered by a physician licensed in Texas, or a health professional acting under the delegation and supervision of a physician licensed in Texas, and acting within the scope of the physician's or health professional's license to a patient at a different physical location than the physician or health professional using telecommunications or information technology.
The benefits of telemedicine can include access to consultation and initiation of medical care at a time and place that is more convenient and efficient for the patient, with the understanding that it does not replace an in-person encounter with a medical professional. A health professional providing a health care service or procedure as a telemedicine medical service is subject to the standard of care that would apply to the provision of the same health care service or procedure in an in-person setting.
The risks of telemedicine relate to the physical separation between health care provider and patient. A telemedicine exam is not a complete physical exam as would normally take place in person. Telemedicine is further limited by its dependence on the use of technology to allow communication between the health care provider and patient.
For Residents of Texas: Notice Concerning Complaints
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box mc-263, Austin, TX 78768-2018. Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, for more information, please visit our website at http://www.tmb.state.tx.us.
Aviso sobre las quejas, las quejas sobre medicos, asi como sobre otros profesionales acreditados e inscritos del consejo medico de tejas, incluyendo asistentes de medicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente direccion para ser investigadas: Texas Medical Board, attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box mc-263, Austin, TX 78768-2018, si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, para obtener mas informacion, visite nuestro sitio web en http://www.tmb.state.tx.us.
If for any reason some section, part or parts of these Terms are deemed invalid by a court of competent jurisdiction, the remainder of these Terms will remain valid and in full force and effect.
If you have any questions or concerns about these Terms or CirrusMD Services, please send us a thorough description by email to firstname.lastname@example.org or call us at (800) 449-4512.
CirrusMD has developed and operates a mobile application and Internet-based healthcare communications software platform designed to offer secure patient-to-healthcare-provider messaging and video chat, scheduling, patient data capture/access and other related services and products (the "Platform").
CirrusMD takes the utmost care when it comes to patient data security and privacy. Only your health care plan, health care plan administrator, health care providers, their approved physician call groups, specifically approved members of a healthcare provider's staff (collectively "Providers"), any Business Associates (as such term is defined pursuant to the Health Insurance Portability and Accountability Act of 1996 – "HIPAA") of a Provider, and you will have access to your Protected Health Information ("PHI"). CirrusMD is HIPAA compliant, and we utilize industry best practices regarding data security. CirrusMD is in compliance with all pertinent laws and regulations associated with PHI and healthcare data security.
Because CirrusMD's service enables communications between patients and healthcare providers, we request that you provide similar information to what is required when you visit your doctor's office. At registration, you will be asked to provide specific information that falls under the category of PHI; this may include the collection of contact information, as well as certain health information, including health conditions, medications and allergies. This information may be checked and confirmed by Providers for accuracy. After initial registration is complete, both you and Providers may update your health profile within CirrusMD.
CirrusMD offers various forms of communication services, including messaging, phone and video chat, and the Platform contains an online personal health record. Your participation in these forms of communication is voluntary. Any information disclosed to any Provider via the Platform is at your sole discretion. Information provided via these communications may be used to update your personal health record.
CirrusMD may contact you by email or phone for a variety of reason, including to resolve service or billing issues, deliver information about our services, get your feedback on the Platform and our services, analyze site usage, provide you with administrative or system messages, or as otherwise described to you at the time of contact.
CirrusMD may request financial information from you. At registration, you may be required to provide credit card information to complete your registration for our service. This information is used for billing purposes. Please be sure to keep any such payment information up-to-date to guarantee continuity of service.
Use of Data
CirrusMD does maintain personal non-PHI information in an administrative account for record keeping purposes, including but not limited to name, address, email address and phone number. We may also maintain records dealing with site usage and activity, some of which are required for security purposes.
Providers may utilize medical or other information contained in your medical records or patient files to update or supplement your health profile or other information about you within the Platform. In addition, information about you (including but not limited to PHI) may be shared via electronic or other forms of integration between the Platform and various systems used by Providers or other healthcare organizations (for example, medical record-keeping/storage systems, Electronic Health Records, Electronic Medical Records, health information exchanges and billing systems)..
HIPAA & Data Security
CirrusMD is in compliance with HIPAA and with all pertinent laws and regulations associated with the storage and transmission of PHI. All data is encrypted both in transit and at rest, whether on our servers or your mobile device or computer.
CirrusMD may collect and store: (i) the IP address of the computer you are using; (ii) the domain and host name from which you access the Internet; (iii) your browser software and your operating system; (iv) the date and time you access the service; and (v) the Internet address of the Web site from which you directly linked to CirrusMD. CirrusMD uses this log file information to analyze trends, administer the Platform, monitor service traffic and usage patterns for internal security purposes, and to help make the Platform function in an optimal manner.
Third Party Services
Resale of Data
We will never resell or rent your contact information to third-parties.
CirrusMD may use non-identifiable anonymous data that is taken from your personal health profile and combine it with other anonymous data. In aggregate this data may be provided or sold to third parties. This data will not identify you but will be used as statistical information to determine things like user demographics and usage patterns. CirrusMD may also use aggregated data within Platform to better understand the needs of you and other users.
You should make sure to create and use a password to access the Platform that is both sufficiently complex and private to ensure security. Some of our mobile services may also require a pincode in addition to a password. Do not disclose your password or pincode to any third parties. A CirrusMD representative will never ask you for your password or pincode.
For convenience, CirrusMD may allow you to stay signed in to our service for short periods of time, after which you will be logged out. You may be required to periodically reset your password or pincode for security purposes.
CirrusMD advises that you periodically change your password and any pincodes for security purposes.