Terms of Use

General

DocOrbit Danışmanlık Limited Şirketi manages the website found at www.docorbit.com and the application known as "DocOrbit" in addition to related websites and mobile applications that link to these Terms of Use (collectively the "Site"). Through our Site, we provide an online radiologist marketplace ("Platform") where individuals ("User" or "you") can connect with a medical professional specializing in radiology ("Radiologist") to conduct a second review of an existing diagnostic image and deliver a "2nd Opinion." By accessing and using the Site and the Platform, you agree to abide by these Terms of Use and all other terms and policies listed on the Site and the Platform. If you do not agree to these Terms of Use, you are not authorized to use the Site or the Platform.

Second Opinion Process

The analysis of diagnostic images on the Platform is intended only to offer an additional perspective. It's important for you to first get a preliminary assessment of your diagnostic image. You shouldn't rely solely on the expert opinion from a Radiologist without first talking to your main healthcare provider or specialist. 

DocOrbit does not practice medicine or any other licensed field. Every Radiologist who gives you a second opinion on your diagnostic image through DocOrbit works on their own and is fully accountable for their assessment. Moreover, DocOrbit does not influence the independent decision-making of the Radiologist. Neither DocOrbit nor any other third-party connected with promoting the Site or the Application is responsible for any expert opinions given by a Radiologist through DocOrbit.

The second expert's view is given for the reasons of medical care and identifying the condition, and should not be used in any legal matters or steps, such as those related to medical malpractice , professional responsibility, or compensation for work injuries.

Content

Content found on the Site or the Platform should not be considered as professional medical guidance or as a guarantee, assertion, or promise that any particular drug or therapy is secure, appropriate, or effective for you.

Account

Upon joining the Site or Platform, you are required to establish an account (referred to as "Account") by entering your name, email address, password, and additional details gathered by DocOrbit (collectively known as "Account Information"). To proceed with registration, you must meet the legal age requirement for entering into a legally enforceable agreement. If you fail to meet this requirement, you are not allowed to register or utilize our Site or Application. You consent to the accuracy, truthfulness, currency, and completeness of the Account Information you submit during the registration process and any further uploads to the Site. You acknowledge that you either own the information you submit or have the legal right to share it. You are not allowed to share your Account password with others or to create multiple accounts, except for minor or disabled individuals for whom you are the parent or legal guardian. You are tasked with maintaining the confidentiality of your Account password and are responsible for all actions performed under your Account. DocOrbit has the authority to implement any necessary or justifiable measures to safeguard the Site, the Platform, and your Account Data. It is important to note that DocOrbit will not be held responsible for any harm or losses that occur due to your activities on the Site or Platform, your handling of Account Data, or your distribution of Account Data to others. You are not permitted to access another individual's account under any circumstances.

Consent

DocOrbit is an online radiology marketplace that connects Users with Board-Certified Radiologists for second opinions on existing diagnostic images. To register as a User, you must create an account, provide personal identification information, upload diagnostic images, and share your medical or health history. You can choose your Radiologist according to the terms described below. Once you have selected a Radiologist from the available list on the Platform, you will need to consent to the release of your information to them. The Radiologist then has 24 hours to accept or decline the referral. If the Radiologist does not accept the case, DocOrbit will help you find another Radiologist or refund your payment.

The second opinion is NOT intended to replace a primary opinion or to be used without consulting your treating medical provider or primary care physician. You should seek emergency help or follow-up care as recommended by your treating provider or as needed and continue to consult with your primary care physician and other healthcare professionals as advised.

Since DocOrbit is an online platform, it may not be as effective as a hospital. While images are being uploaded and downloaded, data loss may occur, resolution problems may occur, diagnostic deficiencies may occur because not all medical information of the patient is accessible, and communication problems may occur due to software or server errors. As the DocOrbit team, we strive to make these problems as rare as possible, but we want you to be aware of such risks.

Agreement

By agreeing to these Terms of Use, you acknowledge and consent to the following:

Privacy

At DocOrbit, we deeply respect your right to privacy and are dedicated to safeguarding it. Our commitment to privacy is upheld through the following stringent principles:

We collect only voluntary information provided by visitors to our Site and App. When personal information is necessary for customizing content or informing visitors about new features or services, we explicitly request it. Any personally identifiable information, such as names or email addresses, is kept confidential and will not be disclosed unless visitors expressly permit us to do so.

Aggregate statistical data about our visitor demographics and usage patterns may be shared with our partners, but personally identifiable information is never shared without explicit visitor consent. Rigorous security measures are in place to protect personal information stored in our secure database.

The following outlines our practices for gathering and sharing information on this Site.

We prioritize the security of your personal information and provide details on its use in our Site Privacy Policy. While we typically encourage secure electronic messaging over insecure email, there may be instances where insecure email communication containing personal health information occurs between you and the Radiologist. Please note that DocOrbit cannot guarantee the security or confidentiality of messages exchanged via email or other communication channels outside the protection of the Platform.

Internet Protocol (IP) Address

An IP address is a unique numerical identifier automatically assigned to your computer whenever you connect to the Internet. It serves as the digital fingerprint allowing computers and servers to recognize and communicate with each other. DocOrbit gathers IP addresses for system administration, to compile aggregate data, and for site analysis purposes. When a visitor requests pages from DocOrbit, their IP address is logged by our servers. To protect visitor privacy, DocOrbit does not link IP addresses to personal information records. However, in cases where visitors violate DocOrbit’s rules or terms of service, pose threats to our service, Site, Platform, customers, or others, or when mandated by law enforcement, we may use IP addresses to identify individuals.

Tracking Cookies 

Our Site and App may utilize cookies, small text files stored in your computer’s browser, to enhance your browsing experience. Cookies record information transferred to an individual’s hard disk for record-keeping purposes. They automatically identify your browser to our server each time you interact with the Site or Platform. While most browsers accept cookies by default, you can modify your browser settings to reject them. During your online session, cookies are used to deliver content tailored to your interests and to identify the domain name of the server you are visiting from. They also prevent the repetition of the same advertisements or messages. Our cookies do not contain personal information, but they enable DocOrbit to correlate your Site and Platform usage with information you have knowingly provided.

User Registration 

Access to specific sections of our Site may require users to provide contact information such as name, email address, ZIP code, gender, age, or income level. This information is collected with user consent and on a voluntary basis. Contact details are used to communicate with visitors when necessary. Additionally, demographic and profile data are gathered to customize the visitor’s Site experience, displaying content aligned with their preferences.

E-Health 

Certain features on the DocOrbit Site utilize applications to gather data for facilitating e-commerce or e-healthcare transactions. We will seek your explicit consent before transferring this data to a third party for transaction facilitation. Specifically, you will be asked to authorize the release of your information to your chosen provider to obtain a second opinion on a diagnostic image.

DocOrbit may retain this information for transaction verification, customer service, and accounting purposes, using it to personalize your experience on the DocOrbit Site and Platform. While DocOrbit may share this information with third parties in aggregate, individual user identities will not be disclosed.

Refer to the External Links section below for additional disclaimers regarding third-party sites.

With your consent, DocOrbit may send you informational emails or surveys. Additionally, the Site offers the option to receive communications from third parties or us. Specifically, by accessing your Account, you can access messages and diagnoses from your selected Radiologist. To opt out of communications, refer to the Removal of Information section below.

Please note that Internet and email communications are not secure. There is a possibility that information transmitted via email may be intercepted or accessed by unauthorized parties.

Aggregated Data 

DocObit may share general traffic, site usage, and duration of visits with its partners and affiliated entities. This information is only disclosed in a collective format and does not personally identify you. For example, DocOrbit might inform an advertiser that a certain section of the Site was visited by a specific number of male users, but it will not disclose any details that could identify those individuals.

User Access Rights 

You are hereby granted a limited, non-exclusive, and non-transferable right to access the Site and utilize the Platform solely for your personal non-commercial purposes, in accordance with these Terms of Use and any additional agreements you have entered into with us ("Access Rights").

We retain the sole discretion to refuse or suspend access to the Site or Platform for any individual and for any reason. You agree not to: (a) impersonate any individual or entity, or misrepresent your affiliation with any person or entity; (b) use the Site or Platform to violate any local, state, national, or international laws; (c) reverse engineer, disassemble, decompile, or translate any software or components of the Site or Platform; (d) distribute viruses or other harmful computer code through the Site or Platform; or (e) use the Site or Platform in a manner exceeding the scope of granted access. Additionally, you agree to refrain from using abusive language when communicating with Radiologists through the DocOrbit Site or Platform, and from seeking Radiologist services outside of the Site or Platform. DocOrbit is not liable for any interactions with Radiologists conducted outside of the Site or Platform. We strongly advise against using the Site or Platform on public computers, and recommend against storing your Account password in your web browser or other software.

Payments

You commit to settling all fees or charges linked to your Account based on the prevailing fees, charges, and billing terms at the time of payment. By furnishing DocOrbit with your credit card number or PayPal account details and associated payment information, you consent to immediate invoicing of your account for all fees and charges owed to DocOrbit under these terms, without the need for further notice or consent.

DocOrbit retains the authority to adjust or introduce a new pricing framework before billing you for your initial payment or for subsequent payments due under these Terms of Use.

Outbound Connections

 To enhance visitor experience, DocOrbit may include links to various third-party websites. However, while there may be a third-party association between DocOrbit and these external sites, DocOrbit holds no control over them. Each linked site operates with its own privacy policies and data collection methods, and DocOrbit does not divulge personally identifiable information to these sites. We do not accept responsibility for the independent methods or actions of these external sites, nor are we liable for their policies or procedures. Similarly, we do not endorse or monitor the privacy practices or content of such sites. These links are provided for your convenience, and accessing them is at your own risk. It is advisable to review the privacy policies of each visited site to understand their data collection practices. Nonetheless, DocOrbit values the integrity of its Site and external links, and we welcome feedback on the Site or any linked sites. Please email us at info@docorbit.com, providing details of the linked site's address and page.

We disclaim liability for any information, software, or links found on any other website, internet location, or information source, as well as your use of such information, software, or links, and the actions or omissions of such websites or their operators.

Our online surveys and questionnaires may request contact and demographic details from visitors. If you opt to participate in these surveys, you will be required to review and agree to additional terms and conditions governing the use of your provided information. These terms and conditions supplement the Privacy Policies outlined here, which may involve sharing personally identifiable information with affiliated market research firms. Furthermore, visitor contact details are utilized for necessary communications.

Property Rights 

The Site, along with the Platform and their complete contents, features, and functionalities (comprising all data, software, text, presentations, visuals, videos, audios, and their arrangement), are the property of DocOrbit, its licensors, or other providers of such content. They are safeguarded by both United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Use grant you permission to utilize the Site and Platform solely for personal, non-commercial purposes. You are prohibited from reproducing, distributing, altering, creating derivative works from, publicly displaying, performing, republishing, downloading, storing, or transmitting any material from our Site or Platform, except as typically permitted through the Site or Platform under these Terms of Use. Any commercial use of the Site, Platform, or any services or materials offered by DocOrbit is strictly forbidden.

Brand Marks 

Certain names, logos, and other materials showcased on the Site or Platform may be trademarks, trade names, service marks, or logos ("Marks") belonging to DocOrbit or other entities. You are not permitted to use any of these Marks without explicit written consent from DocOrbit. Ownership of all such Marks and associated goodwill remains with us or the respective entities.

Termination 

You have the right to deactivate your Account and terminate your registration at any time, for any reason, by emailing info@docorbit.com. DocOrbit reserves the right to suspend or terminate your use of the Platform, Site, Account, and/or registration for any reason, at any time. Subject to applicable laws, DocOrbit retains the right to maintain, delete, or erase all communications and materials posted or uploaded to the Site in line with its internal record retention and content destruction policies. Following termination, DocOrbit will no longer be obligated to provide second opinion reads.

Modifications 

We may, at our sole discretion, amend, alter, add, or remove portions of these Terms of Use at any time moving forward. Your continued use of the Site and/or Platform after being notified of such changes indicates your acknowledgment of the alterations and agreement to abide by the updated Terms of Use, inclusive of those changes.

Likewise, we may, at our sole discretion, amend, alter, add, or remove portions of DocOrbit’s Privacy Policy. DocOrbit reserves the right to modify this privacy notice at any time by posting revisions on this Site. We recommend periodically reviewing this page to stay informed about the most current version of our privacy notice. However, please note that this privacy policy does not intend to, and does not, establish any contractual or legal rights for or on behalf of any party.

Disclaimer of Warranties 

You agree unconditionally that utilizing the site or the platform constitutes your sole responsibility. The site, the platform, and the second opinions are offered on an “as is” and “as available” basis.

You Agree Unconditionally that the 2nd Opinion is designated for healthcare and diagnostic purposes solely and is not admissible in any legal proceedings, including but not limited to medical malpractice, professional liability, or worker’s compensation claims.

DocOrbit unconditionally renounces all warranties, whether direct or implied, comprising, but not limited to, warranties of merchantability, suitability for a particular purpose, non-infringement, title, operability, state, peaceful enjoyment, value, data accuracy, and system integration.

DocOrbit does not engage any Radiologists to provide 2nd Opinions on existing images. Rather, all Radiologists on the Site or Platform are independent medical practitioners who utilize the Site or Platform for communication with you. Any guidance or information received from a Radiologist originates solely from them and not from DocOrbit. Your interactions with Radiologists via the Site or Platform do not replace your rapport with your regular healthcare providers. DocOrbit, its affiliates, subsidiaries, or any third parties promoting the Platform or providing links to the Platform, will not be held responsible for any professional advice received from a Radiologist via the Platform. DocOrbit does not endorse specific tests, physicians, medications, products, or procedures suggested by Radiologists who communicate with you via DocOrbit. You recognize that relying on any Radiologist’s 2nd Opinion or information provided via the Platform is solely at your own risk, and you bear full responsibility for all associated risks.

You recognize and accept that DocOrbit does not dispense medical advice, diagnoses, or treatments, but rather serves strictly as a technological Site or Platform and infrastructure for connecting Users with independent Radiologists in the DocOrbit network. You acknowledge and agree that Radiologists using the Site are solely responsible for and have complete authority, oversight, and control over the 2nd Opinion read, and that all diagnoses, treatments, procedures, and other professional healthcare services will be rendered and performed exclusively by or under the supervision of your primary treating provider or physician, at their sole discretion and as deemed suitable.

DocOrbit makes no assertions or warranties regarding the training or expertise of any Radiologists providing services via the Platform. Ultimately, the choice of your Radiologist lies with you.

The services, including text, audio, video, photographs, illustrations, graphics, and other visuals, are for informational purposes only and do not constitute professional medical advice, diagnosis, treatment, or recommendations of any sort. You should always seek advice from your qualified healthcare professionals regarding your individual needs and medical conditions. All information provided by docOrbit is intended for general information purposes only and does not establish a physician-patient relationship as defined by state and federal laws. The site and platform are not a substitute for professional medical diagnosis or treatment. Although docOrbit facilitates your selection of, communications with, and other interactions with a radiologist, it does not provide medical services, and any doctor-patient relationship exists between you and the radiologist you choose. All radiologists identified or accessible on the platform are independent providers and are neither employed by nor affiliated with docOrbit.

Limitation of Liability 

You acknowledge that to the extent permitted by applicable law, under no circumstances shall docOrbit or its officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses arising out of or related to your utilization of the site or platform, whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. In cases where we are unable to disclaim any implied warranty or limit our liabilities as a matter of applicable law, the extent and duration of such warranty and our liability will be the minimum permitted under such applicable law.

Indemnity 

You hereby agree to indemnify, defend, and hold harmless DocOrbit, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. Furthermore, you agree to indemnify, defend, and hold harmless your chosen Radiologist from any third-party claims resulting from your failure to adhere to the advice or recommendation(s) of your primary care provider or treating physician.

Miscellaneous

These Terms of Use, along with your usage of our Site and Platform, shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising under or relating to these Terms of Use shall be exclusively resolved through final and binding arbitration in Manhattan, New York, in accordance with the rules of the American Health Lawyers Association. However, either party may pursue claims related to intellectual property rights or seek temporary and preliminary injunctive relief in any court of competent jurisdiction without the need for bond or security. Both parties consent to the jurisdiction and venue of the courts located in Manhattan, New York, for any actions related to these Terms of Use.

By selecting the “agree” box for these Terms of Use or any other forms provided on the Site, you acknowledge that you are agreeing to these Terms of Use, constituting a legal signature.

You consent to receive any privacy or other notices, disclosures, or communications regarding the Platform or Site (“Communications”) electronically. These Communications may be sent via email to the address provided during registration, SMS text messages to the mobile number provided during registration, push notifications on your mobile device, or by posting them on the Site. The delivery of Communications is effective upon being sent by us, regardless of whether you read them upon receipt.

You may withdraw your consent to receive Communications by email by discontinuing your use of the Platform.

No waiver by DocOrbit of any term or condition set forth in these Terms of Use shall be deemed a waiver of any other term or condition, nor shall it constitute a waiver of any subsequent breach. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

While DocOrbit endeavors to optimize signal strength and diagnosis accuracy, it is not responsible for the Internet connection, data bandwidth, or signal strength of your mobile device.

Please report any violations of these Terms of Use to info@docorbit.com.

Disclosures

All Radiologists on the Site possess professional licenses issued by the respective licensing boards in the states where they practice, hold doctoral degrees, and have completed postdoctoral training. Any complaints regarding services provided by a Radiologist can be addressed by contacting the relevant professional licensing board in the state where the services were rendered.

In a professional setting, sexual intimacy is strictly prohibited and should be reported to the licensing, registering, or certifying board.

Contact information for state professional licensing boards governing medicine can be found on the Federation of State Medical Boards website and for psychology on the Association of State and Provincial Psychology Boards website.

Any clinical records generated through your use of the Site or Platform will be securely maintained by DocOrbit on behalf of your Radiologist for at least the minimum period mandated by state and federal law, typically no less than six years.

Business Transfers

As we continue to expand our operations, DocOrbit or its substantial assets may be acquired. In such circumstances, customer information may be transferred as part of the business assets.

Public Forum

DocOrbit may offer chat rooms, forums, message boards, or news groups to its users. Please be aware that any information disclosed in these forums becomes public, and users should exercise caution when sharing personal information.

Security

The DocOrbit Site and Platform implement comprehensive administrative, physical, electronic, and managerial security measures to safeguard against unauthorized access, alteration, or misuse of information under our control. Strict security protocols are employed for online transactions, and personal information is stored in secure databases.

Choice/Opt-in/Removal of Information

Our Site and Platform provide users with the option to opt-in to receive communications from us and our partners, where we request information about the user.

Users also have the ability to remove their information from our database to cease receiving communications or services by emailing: info@docorbit.com.