Terms & Conditions

By clicking or accessing this website, you affirmatively accept these Terms of Use (“TOU”), which are an agreement between you and Timely Telehealth, LLC, a Texas limited liability company (“TimelyMD”) concerning your access to, and use of, various services offered through our website and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”). By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Notice (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site. These Terms and Conditions may change. Because your use of the Site means that you agree to these Terms and Conditions, if we revise and update these Terms and Conditions, your continued use of TimelyMD and the Site will mean that you accept these changes. You choose whether or not to use TimelyMD and the Site. If you do not agree to all of these Terms and Conditions, please do not use TimelyMD and the Site.

Your Relationship with TimelyMD

TimelyMD on its own behalf and on behalf of one or more professional corporations and/or professional limited liability companies¹ incorporated, formed or authorized in one or more states and for which TimelyMD provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding remote telehealth consultations provided via phone, video, or asynchronous data exchange by a licensed healthcare provider (“Telehealth Consultations”) or Intake Mental Health Counselor employed or under contract with, one or more of the Professional Entities (the “Services”).

1. General. Prior to accessing a Telehealth Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms and Conditions and abide by the obligations hereunder. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site or a Telehealth Consultation.

2. TimelyMD Profile. You agree to: (i) fully, accurately, and truthfully create your TimelyMD profile; and (ii) prohibit anyone else from using your TimelyMD profile. You agree to provide accurate, current, and complete information about yourself for your TimelyMD profile and to periodically review and update such information as needed to keep it accurate, current, and complete. You agree to immediately notify TimelyMD of any actual or suspected unauthorized use of your TimelyMD profile or credentials or other security concerns of which you become aware.

3. Relationship with Providers. You agree that you are entering into an agreement with one or more of the Professional Entities, which shall be the providers of professional health services to you, which means, among other things, that you are entering into a practitioner-patient relationship with the licensed healthcare provider associated with the Professional Entities that personally performs the Telehealth Consultation with you.

4. Role of TimelyMD. You understand and agree that TimelyMD is the provider of certain administrative services to the Professional Entities and does not provide professional health services itself.

5. Prohibited Conduct. You may not access, use, or attempt to use the Site or the Telehealth Consultations to take any action that could harm TimelyMD, the Professional Entities, or any third party, interfere with the operation of the Site or the Telehealth Consultations, or use the Site or Telehealth Consultations in manner that violates any laws. Your conduct on the Site or during Telehealth Consultations may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms and Conditions. We may suspend or terminate your access to the Site or the Telehealth Consultations for any or no reasons at any time without notice. Additionally, TimelyMD reserves the right to suspend or terminate your access to the Site or the Telehealth consultations if, for example, and without limitation, you:

A. Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of any materials you transmit;

B. Provide information that is untrue, inaccurate, or incomplete;

C. Transmit any message, image, or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

D. Expose your genitals or any other part of your body during a Telehealth Consultation that is not applicable to the Telehealth Consultation. TimelyMD does not provide access to Telehealth Consultations intended to evaluate your genitals and/or breasts;

E. Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

F. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;

G. Engage in unauthorized means to compile content or personal information on the Site;

H. Take any action that imposes an unreasonable or disproportionately large burden on TimelyMD’s network or infrastructure;

I. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site to attempt to probe, scan, test the vulnerability of, or breach the security of TimelyMD’s system of network;

J. Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Site; or

K. Engage in any other conduct that restricts or inhibits any person from using the Site or the Telehealth Consultations, or that, in TimelyMD’s sole judgment, exposes us or any third party to any liability, damages, or other detriment.

6. Personal Data. TimelyMD may collect information you provide when using the Site, including, but not limited to:

A. Personal identifying information and contact information;

B. Account registration information;

C. Demographic and geolocation data;

D. Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);

E. Usage activity concerning your interactions with the Site and/or third party Sites, networks, or applications accessed through the Site (e.g. viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);

F. Billing, payment, and shipping information;

G. The name and telephone number associated with your mobile device; and

H. With your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).

TimelyMD may collect your information directly from you (1) when you visit, access, or use the Site; (2) when you register with or subscribe to use the Site or the Telehealth Consultations; (3) when you sign into the Site; (4) when you interact with the Site on any social media platforms; (5) when you allow the Site to access, upload, download, import, or export content found on or through your computer or mobile device; or (6) when TimelyMD asks you for such information. Additionally, if you send TimelyMD a comment, message, or other communication about you or your activity on the Site, then TimelyMD may collect any information provided therein. Finally, TimelyMD may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytics tools and services.

Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Site may not function properly.

By visiting, accessing, or using the Site, you acknowledge and agree in each instance that you are giving TimelyMD permission to monitor or otherwise track activities on the Site, and that TimelyMD may use the aforementioned technologies and/or tracking, data aggregation, and data analysis technologies. Notwithstanding the foregoing, TimelyMD does not permit third parties or third-party cookies to access any communications that you have with your healthcare providers or medical information that you submit to your healthcare providers.

7. Data Retention. TimelyMD may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide you with its products and services. TimelyMD may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by TimelyMD or as required by law.

8. Privacy Notice. You agree to the Privacy Notice issued by the Professional Entities, the terms and conditions of which are incorporated herein.

9. Payment for Telehealth Consultations. Telehealth Consultations are typically provided to you or your eligible family member at no cost to you. However, in certain instances, you may exceed specific contractual caps on Telehealth Consultations agreed to between TimelyMD and the college, university or institution of higher learning with which you are enrolled and/or employed.

If you exceed the allotted number of Telehealth Consultations for which your college, university or institution of higher learning has contracted, you agree to pay an up-front fee as disclosed to you at the time of such consultation. The amount of the fee will depend on the type of service and will be fully disclosed to you prior to the Telehealth Consultation.

In the event you will need to be charged for a Telehealth Consultation, by providing a credit card or other payment method accepted by TimelyMD (“Payment Method”), you are expressly agreeing that TimelyMD is authorized to charge to the Payment Method any fees for a Telehealth Consultation, together with any applicable taxes.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify TimelyMD of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Telehealth Consultations. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, TimelyMD may at its discretion attempt to process the charge again at any time within 30 days.

10. Consent to Share Medical Records with Enrolled College, University or Institution of Higher Learning. You agree and hereby authorize TimelyMD and the Professional Entities to disclose your medical records, including mental health records and psychotherapy notes which may be a part of such medical records, to the college, university or institution of higher learning with which you are enrolled and/or employed in connection with your treatment by the Professional Entities as well as may be requested by such entities for administrative and oversight activities.

Psychotherapy Notes are defined as notes that document private, joint, group or family counseling sessions that are maintained separately from the rest of a patient’s medical record.

You understand and agree that this authorization to release your medical records may be revoked by you at any time and shall expire four (4) years after the date of your initial agreement herein.

You understand that this authorization is voluntary, and you may refuse to agree to it. If you are a patient of any of the Professional Entities, this will not affect any of the services provided to you by TimelyMD and such Professional Entities.

You understand that if your protected health information is disclosed to someone who is not required to comply with the federal HIPAA regulations, then such information may be re-disclosed by the recipient and may no longer be protected by HIPAA.

You understand that you may revoke this authorization at any time by delivering a revocation in writing to TimelyMD, and if you revoke this authorization, it will have no effect on actions already taken by TimelyMD in reliance on this authorization.

You hereby authorize the disclosure described herein. You have read and understand this authorization, and you understand that you have a right to a copy of this authorization. You are the individual listed on this authorization or are authorized to act on behalf of the individual as the patient’s personal representative.

11. Prescriptions. You agree that physicians associated with the Professional Entities may not prescribe the following drugs:

1. Prescriptions for narcotics or DEA (Drug Enforcement Administration) controlled substances (Schedules I, II, and III);

2. Prescriptions for medications restricted by the states in which the Professional Entities operate; or

3. Prescriptions for abortifacient or any other drug that terminates a pregnancy.

12. TimelyMD is not a drug fulfillment warehouse. In the event that a healthcare provider associated with the Professional Entities does prescribe a medication, such provider will limit the supply based on state regulations and will only prescribe a medication as determined appropriate based upon the provider’s sole discretion and professional judgment. TimelyMD does not guarantee that a prescription will be written.

13. You agree that any prescriptions that you acquire from a healthcare provider associated with the Professional Entities shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

14. Confirmation of Information. It is your responsibility to confirm any third party information for yourself, or information regarding a minor of whom you are a parent or legal guardian.

15. Electronic Healthcare Records. You agree to the entry of your protected health information (“PHI”) in connection with a Telehealth Consultation into the electronic healthcare records of the Professional Entities and understand that reasonable measures have been taken to safeguard your PHI in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”), as amended to date. However, you understand that no computer or phone system is totally secure. You further agree that any healthcare provider associated with the Professional Entities who uses your PHI with the Professional Entities may access and use such records as needed to provide treatment (including coordinating your care) and to improve the quality of your care.

16. Professional Entities who uses your PHI with the Professional Entities may access and use such records as needed to provide treatment (including coordinating your care) and to improve the quality of your care.

The Professional Entities’ electronic healthcare records allow better access to your PHI, leading to better coordination and quality of care. The Professional Entities recognize your privacy and, in accordance with their Privacy Notice, will not release your information to anyone without written authorization or as required or permitted by law.

17. Under applicable law, you have a right to access your electronic healthcare record with the Professional Entities, which will be available to you within 72 hours subsequent to your Telehealth Consultation. You acknowledge that you can download, at any time, your electronic health record with the Professional Entities and share it with your primary care physician.

18. Communications. You understand and agree that Telehealth Consultations involve the communication of your healthcare information, both via text or orally, to physicians and other healthcare practitioners.

19. Risks and Benefits. You understand that there are risks associated with the Telehealth Consultations, including, but not limited to, the following: (a) loss of records from failure of electronic equipment; (b) power failures with loss of communication; and (c) access of electronic records by third parties (hackers). Furthermore, you understand that there are potential consequences of Telehealth Consultations, such as reduced in-person contact with healthcare providers. You understand, however, that there are many potential benefits of Telehealth Consultations, including the following: (i) increased availability of healthcare; (ii) availability of real-time data and information; and (iii) ease and convenience of receiving healthcare. Finally, you understand that it is impossible to list every possible risk, consequence, and benefit of Telehealth Consultations.

20. Rights. You understand that you have all the following rights with respect to Telehealth Consultations:

A. Free Choice. You have the right to withhold or withdraw your consent to Telehealth Consultations at any time without affecting your right to future care or treatment.

B. Access to Information. You have the right to request a copy of all health information transmitted during Telehealth Consultations, which are described in more detail in the Professional Entities’ Privacy Notice.

C. Confidentiality. You understand that the laws that protect the confidentiality of health information apply to Telehealth Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.

D. Consequences. You understand that, by consenting to Telehealth Consultations, healthcare providers associated with the Professional Entities may communicate your health information to physicians and other healthcare providers.

21. Consent to SMS Text Messages. You hereby authorize TimelyMD, and its service providers, to communicate with you via email, phone call, and/or text message at the email address and/or number provided, including through auto-dialed, auto-generated and/or pre-recorded messages. You understand that such emails/messages may include, without limitation, authentication codes for purposes of verifying my ownership of my mobile device, reminders about my upcoming appointments or re-scheduling missed appointments, billing or payment information or telemarketing (e.g., information about TimelyMD’s services or products). You may opt out of receiving email, phone call, and/or text message at the email address and/or number provided to TimelyMD. However, such opt-out may impact your access to the Telehealth Consultations and the Services.

You further acknowledge and agree that communications sent via unencrypted email or via text messages over an open network are inherently unsecure, and there is no assurance of confidentiality of information communicated in this manner.

You certify you are the user and/or subscriber of the email address and/or mobile number provided, and you accept full responsibility for emails and/or text messages sent to or from this addresses or number.

You acknowledge that by receiving alerts via my mobile phone additional message and data rates may apply and you will be solely responsible for those charges.

You understand that emails and text messages have inherent privacy risks, especially when access to your computer or mobile device is not password protected or access is provided by my employer.

You understand there may be a delay when responding to emails or text message; thus, if you have an urgent situation, you should not rely on email or text message to request assistance but should seek assistance by calling 911.

You understand that, in order to process and/or respond to my emails or text messages, individuals at TimelyMD other than those directly involved in my care may need to read my email or text message and that any email or text message and response thereto may become part of my medical record – as appropriate.

22. External Links. This Site may include links to other sites that are not owned or under TimelyMD’s control and TimelyMD is not responsible for, and makes no representations, warranties, or recommendations with respect to the usefulness, availability, or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.

23. Adverse Technical Events. The transmission of information on this Site is beyond TimelyMD’s control. Accordingly, TimelyMD assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Site or sites access through this Site.

24. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMELYMD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO ACCESS THE SITE OR ENGAGING IN A TELEHEALTH CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TIMELYMD IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS SITE AND/OR ANY MATERIAL LINKED THROUGH THE SITE.

25. Copyright and Trademarks. All content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the “Marks”), in any form including the compilation thereof, are proprietary to TimelyMD and protected by U.S. and international copyright law and conventions. The Marks include both Marks owned or controlled by TimelyMD and Content owned or controlled by third parties and licensed to TimelyMD. Except as set forth below, direct or indirect reproduction of the Marks, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Site for personal use and are not authorized to reproduce, sell, or exploit the Site or content of the Site for commercial purposes.

26. Indemnification. You agree to indemnify and hold harmless TimelyMD, the Professional Entities and each of their respective officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors, and others involved in the development or the delivery of services or information over the Site from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions.

27. Dispute Resolution. TimelyMD will try to work in good faith to resolve any issue you have with the Site. However, TimelyMD realizes that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event a dispute cannot be resolved between you and TimelyMD, you agree that all matters related to any use or access of the Site or use of Telehealth Consultations will be governed by the laws of the state of Texas, without regard to applicable principles of conflicts of law. You agree and expressly consent to the exercise of personal jurisdiction in the state courts of Texas in Tarrant County, Texas in connection with any claim involving the Site and/or the Telehealth Consultations.

28. Miscellaneous. If any provision of these Terms and Conditions are deemed to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of either you or TimelyMD to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder. These Terms and Conditions constitute the entire agreement between you and TimelyMD relating to the subject matter herein. You and TimelyMD agree there are no third party beneficiaries intended under these Terms and Conditions. These Terms and Conditions may be subject to change. If TimelyMD makes any change, we will revise the “last modified date” at the bottom of this document. We encourage you to review these Terms and Conditions periodically. Your continued use of TimelyMD constitutes your agreement to any such changes.

29. Amendment of Terms and Conditions. TimelyMD has the right to amend these Terms and Conditions at any time without notice to you by posing the revised Terms and Conditions on this Site. You agree that you are bound by those changes by continuing to use the Site.

Last Updated: May 5, 2022.