Terms and Conditions

General

DocOrbit, Inc. 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 medical marketplace ("Platform") where individuals ("User" or "you") can connect with licensed medical professionals ("Medical Specialists") to obtain second opinions on existing diagnostic reports, test results, or medical conditions ("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 second opinion provided through the Platform is intended to offer an additional perspective on your medical condition, diagnostic tests, or reports. It is crucial to first obtain a primary evaluation from your healthcare provider. You should not rely solely on the opinion provided by a Medical Specialist through DocOrbit without consulting your primary healthcare provider or specialist.

DocOrbit does not practice medicine or any other licensed profession. Each Medical Specialist offering a second opinion through DocOrbit operates independently and is solely responsible for their assessment and recommendations. DocOrbit does not influence the independent judgment of any Medical Specialist. Furthermore, neither DocOrbit nor any third party associated with promoting the Site or the Application bears responsibility for the opinions or advice provided by Medical Specialists through the Platform.

The second opinion is provided exclusively for medical care and diagnostic purposes. It is not intended for use in legal matters or proceedings, including but not limited to medical malpractice claims, professional liability cases, or workplace injury compensation claims.

Content

Content provided on the Site or the Platform is for informational purposes only and should not be considered professional medical advice. It does not constitute a guarantee, assertion, or promise that any particular treatment, medication, or therapy is safe, suitable, or effective for you. Always consult with your primary healthcare provider or a qualified medical professional before making decisions about your health or treatment options.

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 medical marketplace that connects Users with licensed Medical Specialists for second opinions on existing diagnostic reports, test results, or medical conditions. To register as a User, you must create an account, provide personal identification information, upload relevant medical records, and share your medical or health history. You may select a Medical Specialist from the options available on the Platform, as described in these Terms. Once you choose a Medical Specialist, you must consent to the release of your information to them. The selected Medical Specialist has 24 hours to accept or decline the case. If the case is not accepted, DocOrbit will assist you in finding another Medical Specialist or issue a refund for your payment.

The second opinion is NOT intended to replace a primary medical opinion and should only be used in conjunction with advice from your treating physician or primary healthcare provider. You should seek emergency care, follow-up treatment, or ongoing consultations as recommended by your primary healthcare provider or other medical professionals involved in your care.

As an online platform, DocOrbit has limitations compared to in-person hospital or clinical consultations. During the process of uploading or downloading medical records, there is a risk of data loss, resolution issues, or diagnostic limitations due to incomplete medical information. Additionally, communication challenges may arise due to software or server errors. While the DocOrbit team works diligently to minimize these risks, it is important for you to be aware of them before using the Platform.

Agreement

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

• You understand that while using DocOrbit, you may receive a second opinion on your medical condition, diagnostic tests, or reports, but no specific outcomes or results are guaranteed or assured.

• You recognize that DocOrbit complies with laws safeguarding the privacy and security of health information and that you have reviewed and accepted DocOrbit’s Privacy Policies.

• You acknowledge that DocOrbit will share your personal identifying information, medical records, and health history with your chosen Medical Specialist to enable them to provide a second opinion.

• You accept full responsibility for payment, regardless of whether insurance coverage is available for the second opinion.

• A Medical Specialist reserves the right to decline providing a second opinion for any reason. In such cases, DocOrbit will assist you in selecting another Medical Specialist or issue a refund for your payment.

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 Medical Specialist. 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 Medical Specialist. 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 Medical Specialists through the DocOrbit Site or Platform, and from seeking medical second opinion services outside of the Site or Platform. DocOrbit is not liable for any interactions with Medical Specialists 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 [email protected], 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 [email protected].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 using the Site or the Platform is solely your responsibility. The Site, the Platform, and the second opinions are provided on an “as is” and “as available” basis.

You agree unconditionally that the second opinion is intended solely for healthcare and diagnostic purposes. It is not admissible in any legal proceedings, including but not limited to claims related to medical malpractice, professional liability, or worker’s compensation.

DocOrbit disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, operability, condition, peaceful enjoyment, value, data accuracy, and system integration.

DocOrbit does not employ or engage Medical Specialists to provide second opinions. All Medical Specialists who offer second opinions via the Site or Platform are independent practitioners who use the Platform for communication with you. Any guidance or information received from a Medical Specialist originates solely from them and not from DocOrbit.

Your interactions with Medical Specialists via the Site or Platform do not replace your relationship 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 or opinions received from a Medical Specialist through the Platform.

DocOrbit does not endorse specific tests, physicians, medications, treatments, products, or procedures recommended by Medical Specialists using the Platform.

You acknowledge that relying on a Medical Specialist’s second opinion or any information provided via the Platform is solely at your own risk. You bear full responsibility for all associated risks and outcomes.

You recognize and accept that DocOrbit does not provide medical advice, diagnoses, or treatments. DocOrbit serves strictly as a technological Site or Platform and infrastructure for connecting Users with independent Medical Specialists within the DocOrbit network.

You acknowledge and agree that Medical Specialists using the Site or Platform are solely responsible for and have complete authority, oversight, and control over the second opinion they provide. 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 appropriate.

DocOrbit makes no assertions or warranties regarding the training, qualifications, or expertise of any Medical Specialists providing services via the Platform. The choice of your Medical Specialist is ultimately your responsibility.

The services provided through the Site or Platform—including text, audio, video, photographs, illustrations, graphics, and other visuals—are for informational purposes only. They do not constitute professional medical advice, diagnosis, treatment, or recommendations. You should always seek advice from qualified healthcare professionals regarding your specific medical needs and 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 substitutes for professional medical diagnosis or treatment.

Although DocOrbit facilitates your selection of, communications with, and other interactions with a Medical Specialist, it does not provide medical services. Any doctor-patient relationship exists solely between you and the Medical Specialist you select.

All Medical Specialists identified or accessible through 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 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”), arising from, or alleged to arise from, your violation of these Terms of Use.

Additionally, you agree to indemnify, defend, and hold harmless your chosen Medical Specialist from any third-party claims resulting from your failure to adhere to the advice or recommendations 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 [email protected].

Disclosures

All Medical Specialists on the Site are licensed professionals with credentials issued by the respective licensing boards in the states where they practice. They hold relevant degrees and have completed the necessary postdoctoral training.

Any complaints regarding services provided by a Medical Specialist should be directed to the relevant professional licensing board in the state where the services were rendered.

In a professional healthcare setting, any form of sexual intimacy is strictly prohibited and should be reported to the appropriate 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. For psychological services, the contact information for state boards can be found 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 chosen Medical Specialist for at least the minimum period required 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 [email protected].

Refund Policy 

Unused Credits

If you have purchased credits and have not utilized them for any consultations, we offer a full refund of the unused credits upon request within 14 days of your purchase date.

Matched Consultations

In the event that you have been matched with a consultant and have engaged in any form of interaction, including but not limited to messaging or video calls, we regret that we cannot process a refund for the credits used unless the consultant didn't intentionally provide the service.

Refund Eligibility

Refunds are only available for credits that have not been associated with any consultant matching or interaction. Once a match has been made and communication has been initiated, the credits are considered used and are non-refundable.

In-app purchases made through the Play Store or App Store are not eligible for refunds.

Our AI agent is designed exclusively for written consultations and does not have the capability to process or analyze medical files. This limitation is clearly stated in the service description. Once a session with the AI agent has been initiated, no refunds will be issued. By using this service, you acknowledge and agree to these terms.

In the event that any medical AI product, excluding the AI agent, purchased by the user is determined to be incompatible with the user's medical file or case, DocOrbit will issue a refund in the form of account credits. These credits will be applied to the user's account balance and may be used for future purchases. No cash refunds or payment reversals will be processed.

Refund Process

To request a refund, please contact our customer support team via [email protected]. We will review your account status and process the refund if the criteria are met.

Final Decision

The company reserves the right to make the final decision on all refund requests based on the account activity and adherence to this policy.