Platform Terms of Use

Important Notices

• · Arbitration and class-action waiver. Section 16 requires most disputes with VitalCheck Wellness, Inc. to be resolved through binding individual arbitration. Medical-malpractice claims are excluded. You have 30 days to opt out as described in Section 16.
• · Not for emergencies. The Platform is not designed for emergency use or for urgent diagnosis or treatment. Call 911 or go to the nearest emergency department in an emergency.
• · No medical advice from VitalCheck. VitalCheck provides administrative and technology services. Clinical care and clinical decisions are provided by the licensed clinicians and professional entities described below.

1. Acceptance of These Terms

These Platform Terms of Use govern access to and use of VitalCheck websites, including vitalcheckwellness.com, getvitalcheck.com, doctorsintheoffice.com, and cleartostart.com; the patient portal at ehr.getvitalcheck.com; mobile applications; programs; and related services (collectively, the Platform).

By checking an agreement box, creating an account, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. These Terms include limitations of liability and a binding arbitration agreement that affect legal rights.

2. About VitalCheck and the Programs

VitalCheck Wellness, Inc. operates administrative and technology platforms supporting programs that may include:

• · Doctors In Your Office, an employer-sponsored wellness program offering annual wellness examinations, biometric screening, vaccinations, behavioral health and coaching, and related preventive-health services.
• · ClearToStart, a clinical-clearance program coordinating pre-employment, pre-placement, training, and educational health-clearance services, including tuberculosis screening, antibody titers, vaccinations, physical examinations, drug screening, and related occupational and educational services.

Programs, services, eligibility, and payment arrangements vary. Program-specific consent forms, service descriptions, and sponsor arrangements provide additional terms.

3. VitalCheck Role and Clinical Provider Structure

Administrative and Technology Services

VitalCheck provides administrative, technology, and support services, including workflow routing, communications, document delivery, customer support, scheduling, payment-collection support, and related functions.

Clinical Services

Clinical services are provided by licensed clinicians and, depending on the state and applicable law, by VitalCheck in states that permit it; by a separate physician-owned professional corporation, professional limited liability company, or other licensed professional entity; and/or by licensed clinicians engaged as independent contractors by VitalCheck or a professional entity. The applicable clinician and professional entity are the Clinical Provider for your services.

The Ordering Clinician is the physician, nurse practitioner, physician assistant, or other licensed professional assigned to your request and authorized to practice where you are located. The clinician's name and credentials, and the professional entity when applicable, will appear on clinical documents.

Clinical decisions are made solely by the Clinical Provider and Ordering Clinician, including whether to order testing, interpret results, provide treatment, or complete a clearance or other clinical form. Where VitalCheck is not the Clinical Provider, it acts only as the provider's administrative and technology-services agent and does not practice medicine or control clinical judgment.

4. Nature of Services and No Emergency Use

The Platform facilitates limited-scope preventive, occupational, educational, clearance, telehealth, and related services. A clinician determines whether a requested service or form can be completed based on the information available, which may include questionnaires, records, laboratory results, asynchronous review, and a telehealth encounter.

The Platform is not designed for emergencies or urgent conditions. Nothing on the Platform is medical advice, diagnosis, or treatment from VitalCheck itself. Do not disregard or delay professional medical care because of information presented through the Platform.

5. Eligibility and Account Use

You must be at least 18 years old, or meet a lower age expressly permitted for a Program under applicable law, to create an account or use the Platform. You represent that:

• · You satisfy the applicable age and residency requirements.
• · Information you provide is accurate, complete, and current, including your legal name and date of birth.
• · You will keep account credentials confidential and promptly report suspected unauthorized use.
• · You will use the Platform for yourself or on behalf of an organization that has authorized you.
• · You will comply with applicable laws and these Terms.

VitalCheck may require additional identity verification and may suspend or terminate access if information is inaccurate, verification fails, or these Terms are violated.

6. Prohibited Uses

You may not, and may not permit another person to:

• · Impersonate another person or misrepresent an affiliation.
• · Access another person's account without authorization or legal authority.
• · Attempt unauthorized access to any account, system, network, or data.
• · Reverse engineer, decompile, disassemble, scrape, or use automated means to access the Platform except as expressly authorized by law or in writing.
• · Copy, modify, distribute, sell, sublicense, or create derivative works from the Platform except as expressly permitted.
• · Disrupt Platform performance or introduce malicious code.
• · Transmit unlawful, defamatory, harassing, obscene, infringing, or unsolicited commercial content.
• · Use the Platform in violation of healthcare, privacy, consumer-protection, anti-fraud, sanctions, or other applicable law.
• · Remove or obscure proprietary notices.

7. Fees, Payment, and Billing Information

Program fees and payment responsibilities are disclosed during enrollment or in a program-specific document. Services may be paid by a sponsoring organization, billed to insurance when authorized, or paid directly by an individual. You are responsible for charges assigned to you and for providing complete and accurate insurance and billing information.

You authorize VitalCheck and the Clinical Provider to contact an insurer or benefit administrator as your proxy to determine eligibility and benefits when described in the applicable consent. Verification is not a guarantee of coverage or payment. Any refunds, cancellations, failed-appointment rules, or collection terms are governed by the program-specific documents presented to you.

8. Communications

By creating an account or using the Platform, you consent to electronic communications from VitalCheck and, where applicable, the Clinical Provider. Communications may include security codes, account notices, appointment reminders, payment links, requisitions, results notices, and operational messages delivered by email, SMS, telephone, voicemail, or through the Platform.

Message and data rates may apply, and message frequency varies by Program. Reply STOP to opt out of text messages at any time, or contact us using the information in Section 20; opting out of non-clinical text messages does not affect appointment-critical communications sent by another permitted channel. You are responsible for maintaining access to the contact information you provide. Program-specific consents describe clinical communications, security limitations, and withdrawal rights.

9. Privacy and Health Information

VitalCheck's Privacy Policy describes its handling of personal information. The applicable Notice of Privacy Practices describes uses and disclosures of PHI and individual rights under HIPAA and applicable state law. Program-specific authorizations and consents may provide additional terms. If those documents conflict regarding PHI, the document that provides the greater legally required protection controls.

10. Intellectual Property and User Content

VitalCheck and its licensors retain all ownership rights in the Platform, software, design, content, trademarks, and related materials. Subject to compliance with these Terms, VitalCheck grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform for authorized personal or sponsoring-organization purposes.

You retain ownership of information and materials you submit (User Content). You grant VitalCheck a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and transmit User Content only as reasonably necessary to operate the Platform, provide services, support the Programs, and comply with law. This license ends when the relevant content is deleted, except where retention is required or the content forms part of a clinical or legal record.

Feedback does not include User Content or PHI. If you provide ideas or suggestions about the Platform, you grant VitalCheck a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without obligation to you.

11. Third-Party Services

The Platform may integrate laboratories, payment processors, telehealth services, identity-verification providers, communications providers, customer-support tools, and other third-party services. Those services may be governed by their own terms and privacy policies. VitalCheck does not control and is not responsible for third-party services, except to the extent responsibility cannot be excluded by law.

12. Modifications

VitalCheck may modify, suspend, or discontinue all or part of the Platform. It may also update these Terms. Updated Terms will be posted with a revised effective date. Material changes will take effect after notice through the Platform or email and a reasonable period to review them, where required. Continuing to use the Platform after the effective date constitutes acceptance. If you do not agree, stop using the Platform.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND VITALCHECK ADMINISTRATIVE AND TECHNOLOGY SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. VITALCHECK DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VITALCHECK DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

These disclaimers do not limit duties owed by a Clinical Provider under applicable professional law and do not waive rights that cannot lawfully be waived.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VITALCHECK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, REVENUE, PROFITS, GOODWILL, OR USE, ARISING FROM THE PLATFORM OR VITALCHECK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, VITALCHECK'S AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE PLATFORM OR VITALCHECK SERVICES WILL NOT EXCEED THE GREATER OF 100 DOLLARS OR THE AMOUNT YOU PAID DIRECTLY TO VITALCHECK FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT.

These limits do not apply where prohibited by law and do not limit claims against a Clinical Provider for professional negligence, medical malpractice, personal injury, or wrongful death.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless VitalCheck and its affiliates, officers, directors, employees, agents, and service providers from third-party claims, losses, liabilities, damages, and reasonable costs arising from your unlawful use of the Platform, material violation of these Terms, infringement of another person's rights, or intentional misuse of another person's account or information. This obligation does not apply to the extent a claim results from VitalCheck's own negligence, willful misconduct, or violation of law.

16. Dispute Resolution, Arbitration, and Class Action Waiver

16.1 Informal Resolution

Most concerns can be resolved by contacting customer-support@getvitalcheck.com. Before initiating arbitration, you and VitalCheck agree to attempt informal resolution for at least 30 days after written notice describing the dispute and requested relief.

16.2 Agreement to Individual Arbitration

Except for excluded claims below and to the fullest extent permitted by law, disputes between you and VitalCheck arising from these Terms, the Platform, VitalCheck services, the privacy or security of information, or your relationship with VitalCheck will be resolved by binding individual arbitration under the Federal Arbitration Act. Arbitration will be individual only. Class, collective, consolidated, representative, and private-attorney-general proceedings are not permitted unless applicable law prohibits the waiver.

16.3 Excluded Claims

Claims against a Clinical Provider or Ordering Clinician for professional negligence, medical malpractice, personal injury, or wrongful death are excluded from this arbitration agreement and may be brought in a court with jurisdiction. Either party may also bring an individual claim in small-claims court when eligible or seek temporary injunctive relief necessary to protect confidential information or intellectual property.

16.4 Governing Law

The Federal Arbitration Act governs this arbitration agreement. Except where another law must apply, these Terms are governed by New York law without regard to conflict-of-laws rules. Clinical claims are governed by the law of the state where the clinical services were furnished, including applicable statutes of limitation and professional-liability rules.

16.5 Right to Opt Out

You may opt out of arbitration within 30 days after first accepting these Terms or first using the Platform, whichever occurs first. Send a written notice stating your name, address, and that you opt out of the VitalCheck Wellness arbitration agreement to Compliance, c/o VitalCheck Wellness, Inc., 241 West 37th Street, Suite 402, New York, New York 10018, or email privacy.office@getvitalcheck.com with the subject "Arbitration Opt Out." Opting out does not affect access to care or enrollment in a Program.

16.6 Time Limit for Claims

To the fullest extent permitted by law, a claim relating to the Platform or VitalCheck services, other than a medical-malpractice or personal-injury claim, must be filed within one year after it arose. Statutory periods that cannot be shortened remain controlling.

17. Termination

You may stop using the Platform or request account termination by contacting customer-support@getvitalcheck.com. VitalCheck may suspend or terminate access for a violation of these Terms, suspected fraud or security risk, legal or regulatory requirements, or discontinuation of a service.

Provisions that by their nature should survive will remain effective, including payment obligations, privacy and record-retention requirements, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, termination consequences, copyright, and general terms.

18. Copyright and DMCA Notices

If you believe copyrighted material has been reproduced or distributed through the Platform without authorization, send a notice to customer-support@getvitalcheck.com identifying the work, the material and its location, your contact information, a good-faith statement, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your signature.

19. General Terms

These Terms, together with the Privacy Policy, applicable Notice of Privacy Practices, program-specific consents, and any applicable sponsor agreement, are the complete agreement governing your use of the Platform. Program-specific terms control to the extent they expressly address a particular service and conflict with these general Terms.

If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without VitalCheck's written consent; VitalCheck may assign them in connection with a reorganization, merger, sale, or transfer of the relevant business. Headings are for convenience only.

20. Contact Information

VitalCheck Wellness, Inc.
241 West 37th Street, Suite 402
New York, New York 10018
Platform support: customer-support@getvitalcheck.com
Privacy and HIPAA: privacy.office@getvitalcheck.com
Telephone: (800) 828-0730

Also see: Privacy Policy · Notice of Privacy Practices