THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN NIFTYHMS. (“WE” OR “US”) AND “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL https://niftyhms.com/ (AS WELL AS ALL ASSOCIATED SITES LINKED TO https://niftyhms.com/ BY NIFTYHMS, ITS SUBSIDIARIES AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE ANY SOFTWARE THAT NIFTYHMS PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

I. What We Do

Our services are provided through the ,which is Remote Consulting software that allows participating medical professionals and health care staff (“Healthcare Providers” or “Providers”) to communicate with their clients and patients (“Patients”) to provide health care services online and perform virtual calls via a secure Internet connection (the “Services”). We are not a medical service provider, health insurance company, or licensed to sell health insurance.
The Services are not intended for use by health care providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient.

USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

While the Services may provide access to certain general medical information, and also allow patients to communicate with health care providers, the Services we provide cannot and are not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR health care providers FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTH CARE PROVIDER’S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by NiftyHMS.
To the extent medical advice is provided to you by a health care provider through the Services, such medical advice is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your health care provider is not under the control of NiftyHMS, nor is it provided to or used by NiftyHMS.

II. Modifications

NiftyHMS can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and by providing a notice on the Site. By using this Site after NiftyHMS has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
NiftyHMS may make changes to the Site or to the Services at any time, without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

III. Patient and Health Care Provider Responsibilities

If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold NiftyHMS liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.
We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). NiftyHMS has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients. You will be asked to enter a HIPAA business associate agreement with NiftyHMS.
We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.

IV. Privacy

In the course or accessing and/or using the Site and the Services, we may obtain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services and/or the Site, and/or if you register for an account, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and the Services.

V. General Provisions Regarding Use and Age Requirement

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless NiftyHMS if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the NiftyHMS or the Site.
NiftyHMS provides content through the Site that is copyrighted and/or trademarked work of NiftyHMS or NiftyHMS’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, NiftyHMS hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

VI. Visitors and Registered Users

As a visitor, you can view, visit and browse through the Site. You need not register with NiftyHMS to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.
However, in order to access the Services and Materials offered on and through the Site, you must register with NiftyHMS for an account and receive a password. Registered Users can be Patients or Healthcare Providers. To be able to use and access the Services, Providers shall contract separately with NiftyHMS, create a “Provider Account” and then invite Patients to join the Provider’s NiftyHMS practice.
(a) Password Restricted Areas of this Site
To register for an account with NiftyHMS, you must submit the following information through the account registration page on the Site:
(i) Providers: Providers are required to provide certain Personal Information, and information about their practices, including: the Provider’s name, date of birth, gender, address, email, mobile and work phone; the Healthcare Provider’s practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
(ii) Patients: Patients are required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Patients may also provide certain optional information, including middle name or initial, home phone and other contact info, pharmacy name and contact details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Healthcare Provider during a video consultation via the NiftyHMS app. Optional information is not required to register for an account but may be helpful to NiftyHMS in providing you with a more customized experience when using the Site or its Services.
Please refer to our Privacy Policy for additional details regarding the information we collect from you and what we do with that information.
Once you have created your NiftyHMS account and provided a user-name and password, you are responsible for maintaining the confidentiality of your NiftyHMS Password, and you are responsible for all activities that occur using your NiftyHMS Password. You agree not to share your NiftyHMS Password, let others access or use your NiftyHMS Password or do anything else that might jeopardize the security of your NiftyHMS Password. You agree to notify NiftyHMS if your NiftyHMS Password on this Site is lost, stolen, if you are aware of any unauthorized use of your NiftyHMS Password on this Site or if you know of any other breach of security in relation to this Site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by NiftyHMS may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

Disclaimer of Warranties.
Your use of this Site is at your own risk. Materials and Submissions have not been verified or authenticated in whole or in part by NiftyHMS, and they may include inaccuracies or typographical or other errors. NiftyHMS does not warrant the accuracy of timeliness of the Materials or Submissions contained on this Site. NiftyHMS has no liability for any errors or omissions in the Materials, whether provided by NiftyHMS, our licensors or suppliers or other users.
NiftyHMS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NiftyHMS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

VII. Special Disclaimer regarding NiftyHMS and services for healthcare visits.

NiftyHMS is not a healthcare provider. The content on the Site and the Services are designed to support, not replace or intervene in, the relationship that exists between you and your health care provider. Any information contained on the Site is not to be construed as medical recommendation, or as professional advice. The Site is not intended for medical diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider. Never disregard medical advice or delay seeking it because of something you have read on the Site.

VIII. Limitation of Liability.

NIFTYHMS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL NIFTYHMS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NIFTYHMS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

IX. Local Laws; Export Control.

NiftyHMS controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

X. Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to NiftyHMS, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and NiftyHMS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that NiftyHMS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

XI. General.

NiftyHMS prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by NiftyHMS, may result in immediate termination of your access to this Site without prior notice to you. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. NiftyHMS’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and NiftyHMS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and NiftyHMS about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

XII. Contact Us.

If you have any questions about these Terms or otherwise need to contact NiftyHMS for any reason, you can reach us at NiftyHMS, with a copy to niftyhms@gmail.com