Phyzit TCM Terms and Conditions of Use

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Welcome to the Phyzit TCM service.  All users of the Phyzit TCM web and mobile applications and all related products and services (collectively, “the Service”) are subject to the following terms and conditions of use (these “Terms of Use”) as amended by Phyzit, Inc. (“Phyzit”).

Please read these Terms of Use carefully before accessing or using any part of the Service.  Your acceptance of these terms or use of the Service indicate that you have read, understand, and agree to these Terms of Use, which are amended from time to time and agree to be bound by the Phyzit Privacy Policy which is hereby incorporated into these Terms of use (the Privacy Policy is located athttp://www.phyzit.com/privacy-policy ).   

If you do not wish to agree to these Terms of Use and/or the Phyzit Privacy Policy, do not access or use any part of the Service.

If you are acting as a Phyzit proxy (see “Proxy accounts” below) for another individual, these Terms of Use shall apply to your proxy access in the same manner as they apply to the individual’s access and your own access, if you have an account.

If you are acting as a medical provider or medical provider staff (collectively “Medical Provider”), these terms apply to your use, where applicable.

Phyzit may change these Terms of Use at any time by posting the amended Terms of Use to the Phyzit web site (athttp://www.phyzit.com/terms-of-use ) and providing a notice on the website or within the Service (through the mobile and web applications) that the Terms of Use has changed. 

If you do not agree to the Terms of Use or Privacy Policy as amended, you may stop using the Service and cancel your account per the termination policy in effect at that time. Your continued use of the Service after the amended Terms of Use have been posted for 10 business days will constitute your acceptance of the amended Terms of Use.

1.    NOT AN EMERGENCY RESPONSE SYSTEM

I understand that Phyzit’s messaging system is not an emergency response system and should never be used as a substitute for calling 9-1-1 or for seeking immediate medical attention at my local emergency room in the event of an emergency.

2.     YOUR ACCOUNT

You must provide accurate and complete registration information when you register to use the Service.  You are responsible for the security of your passwords and for any use of your account.  Phyzit reserves the right to restrict who is eligible for an account.   Phyzit reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. 

The Service may enable you to create accounts for minors or other members of your family over whom you have legal authority (“Proxy accounts”).  You may only do so if you are the Authorized Individual/Authorized Individual-Representative, and by doing so, you certify that you have such authority.  The Service may enable you to give access to your account to Authorized Individuals (as your “Proxy”).  When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, your account.  You also may permit your authorized health care providers to communicate with such Authorized Individuals about your health status.

 3.    COLLECTION OF YOUR INFORMATION

Your personal health data (“PHD”) may be entered into the Service directly by you personally, via data transfer from a third-party system, such as your Provider's electronic health records, or manually by your Provider.  Please note, if any PHD is released by an authorized third‑party source to the Service and later invalidated by the third-party source, Phyzit, Inc. reserves the right at the request of the third‑party source, to remove that PHD from your Phyzit TCM account.

Modifications to your Phyzit TCM account are not automatically communicated to Providers or any third-party sources.  To ensure that your Provider or a third party knows of changes within your Phyzit record, you must inform the Provider or third-party of such changes.

4.    COMMUNICATIONS

Anticipated turnaround time for response to electronic messages sent through Phyzit is two (2) business days; however, timely responses are not always possible.  Additionally, individual Medical Provider’s may process messages at a different rate, which varies per Medical Provider practice.   Please contact a specific Medical Provider for questions about their policy.

Accordingly, urgent and/or emergent messages should not be submitted via Phyzit.

By accepting these Terms of Use, you are agreeing to the following:
I understand that if I send an electronic message to my health care provider through the Service, the communication may be shared with clinical staff who assist my health care provider in providing my medical care. Therefore, use of the Service may not be appropriate for sending very sensitive information I wish to discuss directly with my health care provider.

I understand that the service should not be used for urgent or emergency messages intended for a Medical Provider.

5.    USE OF THE SERVICE BY PATIENTS AND PATIENT PROXIES

Phyzit TCM currently provides patients and patient proxies with general use of and access to the Service free of charge. Generally, at any time in its sole discretion, the Service may charge fees for access to all or any part of the Service.  In no event will you be charged for access to the Service unless Phyzit obtains your prior agreement to pay for such access.  All new fees, if any, will be posted in appropriate locations within the Service.  Phyzit reserves the right to change its fees, if any, from time-to-time in its discretion. 

6.    USE OF THE SERVICE BY MEDICAL PROVIDERS

Use of the Phyzit TCM service by Medical Providers (physicians and staff) is governed by individual service agreements between Phyzit, Inc. and Medical Providers.  Please refer to your services agreement for details not contained within these Terms of Use or contact Phyzit, Inc.

7.    PATIENT AND PROXY USER ID AND PASSWORD CONFIDENTIALITY

I understand that my user ID and password are key to protecting the confidentiality of information in my Phyzit TCM account. I understand that my user ID and password are not to be shared with anyone. I understand that if I share my user ID and password with another person, that person will be able to view my medical information and the medical information of anyone for whom I am a Phyzit Proxy (including children and other adults).  I understand that it is my responsibility to keep my user ID and password safe and secure and to change them anytime I believe the security of that information may be compromised. I understand it is my responsibility to log out of active Service sessions and to take appropriate precautions when accessing the Service, including from my home, business, mobile device, public computer, and when printing or copying any medical information from the Service.

8.    MEDICAL PROVIDER USER ID AND PASSWORD CONFIDENTIALITY

I understand that my user ID and password are key to protecting the confidentiality of patient information in the Service. I understand that my user ID and password are not to be shared with anyone. I understand that if I share my user ID and password with another person, that person will be able to view medical information of anyone for whom I am authorized to manage through my status as a Medical Provider.  I understand that it is my responsibility to keep my user ID and password safe and secure and to change them anytime I believe the security of that information may be compromised. I understand it is my responsibility to log out of active Service sessions and to take appropriate precautions when accessing the Service, including from my home, business, mobile device, public computer, and when printing or copying any medical information from the Service.

9.    EMAIL NOTIFICATIONS

I understand that as a user of the Service I may receive email or text notifications about my account. The notifications do not contain any medical information; however, I understand that if I do not want others to see the notifications it is my responsibility to take appropriate precautions with respect to my email account and SMS phone.

10. PROXY ACCESS FOR PATIENTS

I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT I CAN ALLOW A FAMILY MEMBER OR OTHER PERSON TO ACCESS THE INFORMATION ABOUT ME IN PHYZIT TCM AS MY “PROXY” AND THAT IF I AUTHORIZE ANOTHER PERSON TO SERVE AS MY PROXY IN PHYZIT, THAT PERSON MAY BE ABLE TO ACCESS INFORMATION IN MY PHYZIT ACCOUNT, INCLUDING SENSITIVE TEST RESULTS AND DIAGNOSES SUCH AS PREGNANCY TEST RESULTS, TOXICOLOGY TEST RESULTS, HIV AND OTHER SEXUALLY TRANSMITTED DISEASE RESULTS AND GENETIC TEST RESULTS. I FURTHER UNDERSTAND AND AGREE THAT IT IS MY RESPONSIBILITY TO TERMINATE ANY PROXY ACCESS THAT I NO LONGER WANT BY REMOVING THE PROXY’s ACCESS WITHIN PHYZIT OR CONTACTING MY PHYSICIAN’S OFFICE.

11. NOT THE COMPLETE MEDICAL RECORD

I understand that the Service contains select, limited medical information, does not reflect the complete contents of a patient’s medical record and may contain information that is not within a provider’s electronic or paper medical records.

12. AUDIT

I understand that my activities within the Service may be tracked by computer audit and that any entries, messages or video sessions may become part of my medical record (for patient and proxy users) and serve as a record of my usage of the Service.

13. DEACTIVATION FOR PATIENTS AND PROXIES

I understand that access to the Service is provided as a convenience to patients and Service access may be modified, suspended or discontinued at any time without notice. I further understand that my access, including Proxy access to the Service, may be deactivated at any time, including for improper use. Improper use includes but is not limited to, requesting appointment times that are not needed or are frequently cancelled and other activities that are disruptive to clinic operations.

I understand that my use of the Service is voluntary and that I am not required to use the Service or to authorize another person to serve as my Phyzit Proxy.

14. DEACTIVATION FOR MEDICAL PROVIDERS

Termination/deactivation of Medical Provider accounts is governed by individual service agreements between Phyzit, Inc. and Medical Providers.  Please refer to your service agreement for details not contained within these Terms of Use, or contact Phyzit, Inc.

15. NO LICENSE

The content of the Service is provided for health care providers, patients, and their authorized proxies only. Nothing in the Service should be construed as granting any license or right to use any proprietary trademark, service mark, logo or name displayed in any portion of the Service.

16. NO GUARANTEE OF ACCURACY

Although every attempt is made to ensure the integrity of data within the Service, no guaranties whatsoever are made as to the correctness or accuracy of data within the Service.  I understand that if I identify an inaccuracy in my information, I will inform my physician’s office, manually correct the information where possible or contact Phyzit support at support@phyzit.com.

17. DISCLAIMERS

EXCEPT AS AND TO THE EXTENT THAT ANY EXECUTED AGREEMENT(S) WITH YOU AND PHYZIT, INC., IF ANY, MAY OTHERWISE EXPRESSLY PROVIDETHE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE."  EXCEPT AS AND TO THE EXTENT THAT OUR EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, there are no guarantees, assurances or warranties with regards to any information and services provided by Phyzit, Inc., or the Service’s availability, reliability, quality or performance at any given time and all such warranties and conditions of any kind, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed.

Access to the Service is dependent upon the networks and services of third party internet, telecommunications and hardware providers. By using the service, I acknowledge that Phyzit, Inc., its affiliates and all Medical Providers are not responsible for any actions or omissions of these third party providers, for any technical difficulties experienced by such third party providers, or for my use of third party providers and their services or products in connection with the Service.

 

18. MODIFICATION AND AMENDMENT

I acknowledge that Phyzit, Inc. may at any time, and without notice, amend these Terms and Conditions of Use and/or the Phyzit Privacy Policy. I understand that I should periodically visit http://www.phyzit.com/terms-of-use and                       http://www.phyizt.com/privacy-policy to review the current Terms and Conditions and Privacy Policy to which I am bound.

Continued use of the Service after the amended Terms of Use or Privacy Policy have been posted for 10 (ten) business days constitutes acceptance of the amended Terms of Use or Privacy Policy.

19. WAIVER AND RELEASE

I hereby agree to waive and release my physician, Phyzit, Inc., and its affiliated entities, and their officers, directors, employees, agents, successors and assigns from any and all claims or causes of action that are in any way related to my use of the Service, both on my own behalf or on behalf of any individual(s) that have authorized me as their Phyzit proxy.

Version 2.0 Revised 10/18/2016

Phyzit, Inc., © 2013 - 2017