Ayble Health Medical Terms of Service

Last Updated: November 7, 2024

These Medical Terms of Service (these “Medical Terms”) govern your use of the Medical Services, as defined in the Terms of Service. By accessing or using the Medical Services, you agree to these Medical Terms and understand that this is a legally binding contract between you and the Ayble Practices (as defined below) regarding your access to and use of the Medical Services. Capitalized terms not expressly defined herein are as defined in the Terms of Service. Please note that your use of Ayble Health’s digital platform are also subject to the Ayble Health Terms of Service and Privacy Policy.

Ayble Health, Inc. (“Ayble Health”) is affiliated with medical professional corporations and their affiliated medical service providers (the professional corporations collectively, the “Ayble Practices”, “we” or “us”). Ayble Health provides management, administrative, technology services and other certain non-medical services to the Ayble Practices. The Ayble Practices provide the Medical Services and Providers.

DO NOT USE THE MEDICAL SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

1. Consent to Treatment and Health Privacy. By using the Medical Services, you consent to treatment, care, diagnosis and the provision of Medical Services by the Providers. You can withdraw consent to treatment at any time by no longer seeking Medical Services from Ayble Practices. Please refer to our Notice of Privacy Practices to learn how the Ayble Practices collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations).
2. Telehealth Services Consent. You understand that the Medical Services are provided via “telehealth” since the Provider and patient are not in the same physical location. The Medical Services are provided through Ayble Health’s platform, which includes, but is not limited to, the use of electronic communications, such as live two-way video and/or audio, synchronous and asynchronous interactions and messaging, and sharing of medical images and medical records. In some circumstances, the Provider may determine that the transmitted information is of inadequate quality, thus requiring a rescheduled appointment. Telehealth may also result in delays in medical evaluation and treatment due to deficiencies or failures of the equipment. In very rare cases, our security protocols could fail, causing a breach of privacy of personal medical information.
3. Your Financial Responsibility and Assignment of Benefits.
   1. You agree to pay the Ayble Practices all applicable charges for the Medical Services and you hereby authorize the Ayble Practices to charge the payment method you provide (which may be processed by one or more third-party payment processors). The third-party services provider who manages your payment method and the third-party payment processors who process your payment may impose terms and conditions on you, which are independent of these Medical Services Terms, and you agree to comply with all of those terms. By providing your health insurance information, you are hereby authorizing us to submit claims for all eligible and covered Medical Services to your health insurer or health plan. You similarly are authorizing all payments, rights and claims for reimbursement of claims, costs and expenses allowable for the Medical Services from your health insurer to us. You permit, authorize and consent to our releasing any medical information, including those related to Medical Services rendered or diagnoses made, to process claims to your health insurer or health plan.
   2. You understand and agree that any outstanding balance for Medical Services rendered by the Ayble Practices and/or Providers that are not covered by your insurance is your financial responsibility, and that our submission of a claim to your health insurer or health plan is not a waiver of our rights to seek payment from you.
   3. You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, we may charge you a fee for a missed/late cancelled appointment.
4. Updates to the Medical Terms and Consent to Electronic Communications.
   1. We may, from time to time, change these Medical Terms. Please check these Medical Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Medical Terms in order to continue to access and use the Medical Services. If you do not agree to the modified Medical Terms, then you should discontinue your use of the Medical Services. Except as expressly permitted in this Section 4.1, these Medical Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Medical Terms. 
   2. By using the Medical Services, you agree that you may receive the following by email or by a message from a team member of Ayble Health or the Ayble Practices: legal disclosures; these Medical Services Terms; Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services.
5. Term and Termination
   1. Term. These Medical Terms are effective beginning when you accept the Medical Terms or first access or use the Medical Services and end when terminated as described in Section 5.2 (Termination).
   2. Termination. If you violate any provision of these Medical Terms, then the Ayble Practices may terminate these Medical Terms in our sole discretion. In addition, the Ayble Practices may, in our sole discretion, terminate these Medical Terms, or suspend or terminate your access to the Medical Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. If we terminate your use of the Medical Services, we may also notify your insurer, if any. You may terminate these Medical Terms at any time by contacting customer service at support@ayblehealth.com. If you receive access to the Medical Services via an agreement between Ayble Health and/or the Ayble Practices and your employer or another similar entity (an “Enterprise Agreement”), these Medical Terms may also be terminated if the Enterprise Agreement is terminated or expires.
   3. Effect of Termination. Upon termination of these Medical Terms: (a) you will no longer be authorized to access or use the Medical Services; (b) you must pay the Ayble Practices any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination and Sections 5.3 (Effect of Termination), 6 (Disclaimers), 7 (Limitation of Liability), and 8 (Miscellaneous) will survive. 
6. Disclaimers‍
   1. THE MEDICAL SERVICES MAY INVOLVE SENSITIVE AND DIFFICULT DISCUSSIONS. IF AT ANY POINT YOU EXPERIENCE SIGNIFICANT DISTRESS OR HAVE THOUGHTS OF HARMING YOURSELF OR OTHERS, YOU AGREE TO NOTIFY YOUR PROVIDER SO THAT AN APPROPRIATE LEVEL OF SUPPORT CAN BE PROVIDED.
   2. THE MEDICAL SERVICES ARE INTENDED FOR USE ONLY WITHIN THE STATES THAT THE AYBLE PRACTICES SERVE. THE AYBLE PRACTICES MAKE NO REPRESENTATION THAT THE MEDICAL SERVICES ARE APPROPRIATE ELSEWHERE, AND ANYONE WHO CHOOSES TO ACCESS OR USE THE MEDICAL SERVICES FROM OUTSIDE OF THE SERVICE STATES DOES SO SOLELY AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. 
   3. FOR CALIFORNIA PATIENTS, THE STATE OF CALIFORNIA REQUIRES THAT PHYSICIANS IN CALIFORNIA SHARE NOTICE OF THE OPEN PAYMENTS DATABASE. THE OPEN PAYMENTS DATABASE IS A FEDERAL TOOL USED TO SEARCH PAYMENTS MADE BY DRUG AND DEVICE COMPANIES TO PHYSICIANS AND TEACHING HOSPITALS. IT CAN BE FOUND AT https://openpaymentsdata.cms.gov/. 
   4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 6 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Ayble Practices do not disclaim any warranty or other right that the Ayble Practices are prohibited from disclaiming under applicable law.

7. Limitation of Liability
   1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AYBLE PRACTICES OR PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE MEDICAL SERVICES OR ANY MATERIALS OR CONTENT ON THE MEDICAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE AYBLE PRACTICES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
   2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE AYBLE PRACTICES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE MEDICAL SERVICES OR OTHERWISE UNDER THESE MEDICAL TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE DIRECTLY PAID TO THE AYBLE PRACTICES AND THE PROVIDERS FOR ACCESS TO AND USE OF THE MEDICAL SERVICES IN THE 6 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
   3. EACH PROVISION OF THESE MEDICAL TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE MEDICAL TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE MEDICAL TERMS. THE LIMITATIONS IN THIS SECTION 7 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
   4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 7 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Ayble Practices do not disclaim any warranty or other right that the Ayble Practices are prohibited from disclaiming under applicable law.
8. Enterprise Agreement.  If you are receiving access to the Medical Services in connection with an Enterprise Agreement (the “Enterprise Program”), you acknowledge and agree that the Ayble Practices may only provide only the limited scope of Medical Services services that are specified in such Enterprise Agreement. You understand that the Enterprise Program is not a medical plan that constitutes or provides health insurance coverage under applicable state laws or the federal Patient Protection and Affordable Care Act, and does not meet any individual mandate required under federal law. If you are uninsured, you may still be subject to tax penalties for failing to obtain insurance pursuant to any individual mandate.
   1. Some or all of the fees associated with the Enterprise Program may be charged to, and paid for by, your employer (or similar entity who is a party to the Enterprise Agreement) instead of being billed to your insurance carrier (except as noted). You will be responsible for payment for all Medical Services that are not paid for by your employer (or similar entity who is a party to the Enterprise Agreement) as part of the Enterprise Program. Please contact us at support@ayblehealth.com or call 857-416-9299 if you have questions about whether a Medical Service is part of your Enterprise Program.
9. You may cancel your ability to access and receive Medical Services pursuant to an Enterprise Program by contacting your employer or similar entity who is a party to the Enterprise Agreement, and your cancellation will take effect upon the end of your then-current billing period. If you cancel your participation in an Enterprise Program, you will also lose the ability to utilize the Medical Services and related benefits made available under the Enterprise Program. You acknowledge that in the event there is a conflict between the terms of the Enterprise Agreement and the Medical Terms, the terms of the Enterprise Agreement shall control with respect to the Enterprise Program.
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10. ‍Miscellaneous
    1. General Terms. These Medical Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Medical Terms, are the entire and exclusive understanding and agreement between you and the Ayble Practices regarding your use of the Medical Services. You may not assign or transfer these Medical Terms or your rights under these Medical Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Medical Terms and all rights granted under these Medical Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Medical Terms, or any provision of these Medical Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Medical Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Medical Terms the use of the word “including” means “including but not limited to.” If any part of these Medical Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.‍
    2. Governing Law. These Medical Terms are governed by the laws of the Commonwealth of Delaware without regard to conflict of law principles. You and the Ayble Practices submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Suffolk County, MA, for resolution of any lawsuit or court proceeding permitted under these Medical Terms.‍
    3. Privacy Policy. Please read the Ayble Health Privacy Policy https://www.ayblehealth.com/privacy-policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information in connection with the Medical Services. The Ayble Health Privacy Policy is incorporated by this reference into, and made a part of, these Medical Terms.‍
    4. Additional Terms. Your use of the Medical Services is subject to all additional terms, policies, rules, or guidelines applicable to the Medical Services or certain features of the Medical Services that we may post on or link to from the Medical Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Medical Terms.‍
    5. No Third Party Beneficiaries. These Medical Terms are for the sole benefit of the parties hereto and, in the case of the Ayble Practices, their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Medical Terms.‍
    6. Consent to Electronic Communications. By using the Medical Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.‍
    7. Contact Information. You may contact us by emailing us at support@ayblehealth.com.‍
    8. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Medical Services or to receive further information regarding use of the Medical Services.