Last revision: June 26, 2023
Use of the App. Planned Parenthood Direct, Inc. ("PPDirect", also referred to as "we", "us", or "our") operates this Planned Parenthood Direct mobile application (the "App"). PPDirect is a contracting partner of certain regional Planned Parenthood member affiliates governed by the Bylaws of the Planned Parenthood Federation of America, Inc. (the "PP Affiliates"). The App enables the PP Affiliates to offer an online telehealth service (the "Service") that, when clinically appropriate, allows patients to obtain a limited range of health care from the PP Affiliate providers. PPDirect is the owner and operator of this App and does not provide healthcare services.
IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES
DO NOT USE THIS APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
- App Content. Other than the personalized content sent from your Clinical Provider through an in-App message, you should not consider content on the App to be medical advice.
- Use of the App and the Service. You are responsible for your use of the App and Service, and for any use of the App or Service made using your account. We prohibit certain kinds of conduct that may be harmful to patients or to us. When you use the App or Service, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages contained in the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;
- access the Services for use outside of the United States of America; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Security. PPDirect is a Business Associate of health care entities under the Health Insurance Portability and Accountability Act ("HIPAA"). Your personal information will be stored in a secure manner. PPDirect has implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information stored in our computer systems from unauthorized access. PPDirect also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
When you upload, submit, store, send, or receive User Content to or through the App or Service, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the App and Service), display and distribute your User Content and information about health services rendered to PP Affiliates including the PP Affiliate located closest to the ZIP code you provided, to distribute your User Content to pharmacy network and software partners for the exclusive purpose of prescribing appropriate medicines, and to use the User Content for our internal management and administration, including for data analytics purposes, or otherwise as required or permitted by law. In order to assign to you a medical professional who is licensed to practice in your state, PPDirect will use the geolocation tracker on your mobile device. PPDirect will also identify and store your device identifier. We work with data analytics vendors to assess the operations of the App and to develop new services and functionalities. De-identified information may be shared with our vendor partners in order to perform this work. Subject to the requirements of HIPAA, we shall have no obligation to use, return, or review any User Content. This license is for the limited purpose of operating, promoting, and improving the App, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the App and Service. You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- Operation and record retention. By using the App, you understand and agree that PPDirect and/or PP Affiliates reserve complete and sole discretion with respect to the operation of the App or Service, and that PPDirect and/or PP Affiliates may, among other things withdraw, suspend or discontinue any functionality or feature of the App or Service. Subject to applicable law, PPDirect and/or PP Affiliates reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Service pursuant to their internal record retention and/or destruction policies.
- Communications Consent and Communications Risks of Using the App. Communications from applications like the App can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the App, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Some health care services are not appropriate for remote delivery and the medical professionals providing services through the App retain the sole discretion to treat you through the App. You may be directed to receive medical care at an in-person visit with a medical professional. Anyone who has access to the App or any electronic communications can read, forward, copy, delete, or change the message, view your health information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the App and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information about your health care treatment as well as additional informational and marketing communications from us and our PP Affiliates. You understand and agree that direct or indirect remuneration to an applicable covered entity provider from a third-party can exist. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, health awareness reminders, information on open enrollment and insurance, health care services/programs, health insurance information, surveys, and educational information. You understand if we contact you, we may identify as PPDirect, Planned Parenthood Direct, or similar variations thereof. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the App or related App communications to any third party, they may no longer be protected by applicable privacy or security rules (except as required by law). You also understand and accept that message/data rates may apply for the messages described in this consent.
- Trademarks. Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos ("Marks") of PPDirect, the PP Affiliates, or Planned Parenthood Federation of America, Inc., or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.
- Termination. PPDirect may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, PPDirect reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, PPDirect and PP Affiliates will have no further obligation to provide the Service, except to the extent obligated to provide you access to your health records or required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. The termination of your right to use the App does not terminate your ability to seek in person care at a PP Affiliate.
- Informed consent. By selecting "Continue as Guest" or "Sign in/Register" on the App home screen, or by checking a box acknowledging these terms, you are consenting to receiving care via the App. The scope of care will be at the sole discretion of the PP Affiliate’s healthcare provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the Service. The Service respects and upholds patient confidentiality with respect to protected health information as required under HIPAA and will obtain express patient consent prior to sharing any patient-identifiable information with a third party for purposes other than treatment, payment, or health care operations. In addition, by selecting continue, you are authorizing the release of your contact information to PPDirect, the applicable PP Affiliate(s), and other third parties necessary to the provision of health care services provided to you through the App. By clicking continue, you further agree to the release of your contact information to Planned Parenthood Affiliates and PPDirect and to receive certain marketing communications related to the App or a service provided by the PP Affiliate(s).
- Links. This App may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any medical or other information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this App. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.
DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
THE APP, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, PPDIRECT AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP, OR THE OPERATION OR FUNCTION OF THE APP, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE APP OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN PPDIRECT AND ITS AFFILIATES AND PPDIRECT AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. PPDIRECT AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE APP, NOR DOES PPDIRECT ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE APP.
PPDIRECT IS NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SERVICE, OR ANY PRODUCTS OR SERVICE PURCHASED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF PPDIRECT HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL PPDIRECT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE APP DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF PPDIRECT’S OWN NEGLIGENCE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE APP AND THAT PPDIRECT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
PPDIRECT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF PPDIRECT’S OWN NEGLIGENCE.
IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS APP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of PPDirect’s liabilities, shall apply to the fullest extent permitted by law.
This arbitration agreement does not preclude you or PPDirect from seeking action by federal, state, or local government agencies. You and PPDirect also have the right to bring qualifying claims in small claims court. In addition, you and PPDirect retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Digital Millennium Copyright Act of 1998 (the "DMCA"). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the App has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: [email protected].
To be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the App;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the App without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.