If you are experiencing a medical emergency, dial 911 immediately.
This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.
Binding arbitration notice: These Terms of Use require most disputes between you and Doko Medical Inc. relating to the Site or your use of it to be resolved by binding arbitration rather than in court, including class action proceedings.
By using or accessing the Site, registering with the Site, or clicking "I Agree," you acknowledge that you have read, understand, and agree to these Terms of Use. Your compliance with these Terms of Use is a condition of using the Site. If you do not agree, do not use the Site.
Please also review our Privacy Policy for information about our privacy practices. References in these Terms to a returns or refund policy refer to any separate policy posted on the Site.
1. Changes to These Terms of Use
We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by updating this posting. You are expected to review these Terms periodically so you are aware of any changes. Any changes are effective as of the Last Updated date shown at the top of this page. Your continued use of the Site constitutes acceptance of those changes.
2. Privacy Practices
You agree that information provided by you in connection with the Services is governed by our Privacy Policy.
3. Services Provided; No Medical Care or Advice by Doko MD
We offer an online communication platform that allows providers and patients to connect through synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and providers. Providers, and not Doko MD, are responsible for the quality and appropriateness of the care they render to you.
Providers are independent of Doko MD and use the Site as a way to communicate with you. Any information or advice received from a provider comes from that provider alone and not from Doko MD. Your interactions with providers through the Site are not intended to replace your relationship with your primary care physician or regular healthcare practitioners.
Doko MD does not recommend or endorse any specific providers, tests, physicians, medications, products, or procedures. Your reliance on any provider or information delivered through the Site is solely at your own risk. Doko MD does not make any representation or warranty regarding the training or skill of providers available through the Site.
The content of the Site and Services, including text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute medical advice, diagnosis, treatment, or recommendations of any kind by Doko MD.
Not for Emergencies
If you are experiencing a medical emergency, call 911 immediately. The Site and Services are not intended for emergency care.
Risks of Telehealth Services
By using the Services, you acknowledge potential risks associated with telehealth, including inadequate transmission quality, technology failures, lack of access to complete medical records, judgment errors, and potential failures of privacy or security controls.
Prescription Policy
Doko MD does not endorse any specific medication, pharmacy, or pharmacologic product. If a provider prescribes medication, supply limits will follow applicable law and the provider's professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances, scheduled medications, or certain other drugs that may be harmful due to abuse potential.
Any prescription you acquire from a provider is solely for your personal use. You agree to read all product information and labels carefully and contact a physician or pharmacist with any medication questions. If you receive a prescription, you may direct that it be sent to the pharmacy of your choice.
Not an Insurance Product
Doko MD is not an insurer. The Services are not insurance products, and amounts you pay to Doko MD are not insurance premiums.
4. Availability of Services
Doko MD operates subject to state and federal law, and the Services may not be available in your state. You represent that you are not barred from enrolling in or receiving the Services under the laws of the United States or other applicable jurisdictions. Access to and use of the Site and Services is limited to users located in states within the United States where Services are available. Services are not available outside the United States.
5. Ordering and Purchasing Products
Order Acceptance and Shipment
Your placement of an order does not guarantee acceptance. We may require additional information before processing an order. Once a properly completed order and authorized payment are received, we will process your order and arrange shipment. If a Product cannot be shipped within 30 days after receipt of a properly completed order, we may cancel the order and notify you.
Typographical Errors and Incorrect Pricing
If a Product or Service is listed at an incorrect price due to typographical or pricing error, we reserve the right to refuse or cancel orders placed for that Product or Service, whether or not the order has been confirmed and your payment method charged. If you were charged, we will issue a credit in the amount of the charge.
Risk of Loss
All Products purchased from the Site are delivered to shipment carriers. Risk of loss and title pass to you when the Products are delivered to the carrier.
Returns
You may return Products in accordance with any returns or refund policy posted on the Site.
6. Eligibility, Site Access, Security, Restrictions, and Passwords
The Site is offered and available only to users who are 18 years of age or older. You may not use or access the Site if you do not agree to these Terms, are under 18, or are prohibited by applicable law from using the Site or Services.
You agree that all information you provide on the Site is correct, current, and complete. If you are given or choose a username, password, or other security credential, you must treat it as confidential and may not provide another person access to your account.
We reserve the right to modify or discontinue the Site without notice. We do not guarantee continuous, uninterrupted, or secure access to the Site.
You are prohibited from violating or attempting to violate Site security, including unauthorized access, probing vulnerabilities, introducing malicious code, interfering with Site operation, or contacting Site users through unsolicited communications.
You also agree not to impersonate others or use any scraper, crawler, spider, robot, or other automated means to access or copy Site data, deep-link into Site content, or bypass access controls.
7. Electronic Communications
When you use the Site or Services, or send emails, messages, or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that electronic agreements, consents, notices, disclosures, and other communications satisfy any legal requirement that they be in writing.
8. Consent to Receive Calls and Text Messages
By providing your mobile number, you agree to be contacted by or on behalf of Doko MD or Doko Medical Inc. at the number provided, including by calls and text messages, to receive informational, service-related, and marketing communications relating to the Site and Services. Message and data rates may apply. You may opt out by following the instructions in the messages.
9. Intellectual Property
These Terms permit you to use the Site exclusively for your personal, non-commercial use. The Site and all information and content on it are protected by contract and intellectual property laws, including United States and international copyright and trademark laws.
All pages within the Site and any materials on it, including materials available for download, are the property of Doko MD or its licensors or suppliers. All rights not expressly granted are reserved.
You may not reproduce, duplicate, copy, sell, resell, publish, distribute, modify, create derivative works from, publicly display, republish, store, use, or transmit Site materials except as expressly allowed in writing by Doko MD or otherwise specifically made available for redistribution.
10. Copyright Infringement
We disclaim responsibility or liability for copyrighted materials posted on the Site. If you believe your work has been copied in a way that constitutes infringement, send a notice identifying the copyrighted work, the allegedly infringing material or URL, your contact information, the required good-faith and accuracy statements, and your legal name and signature to the contact information provided at the end of these Terms.
11. User Information
If you submit, upload, post, or transmit any health information, medical history, symptoms, personal information, consent forms, comments, suggestions, files, images, or other materials to us or through the Site, you agree not to provide content that is false, unlawful, defamatory, obscene, threatening, infringing, harmful, or otherwise improper. You represent that you have the legal right and authorization to provide that information.
12. Informational Content
Information presented on or through the Site is made available solely for informational purposes. Although we use reasonable efforts to update the Site, we make no representations or warranties about the accuracy, reliability, completeness, or usefulness of Site information. Any reliance you place on such information is strictly at your own risk.
13. Third-Party Sites and Content
The Site may contain links to websites owned or operated by third parties. Your use of those sites is subject to the terms and conditions posted there, if any. We do not control third-party sites and are not responsible for their content, availability, or changes. Inclusion of links does not imply endorsement.
14. Linking to the Site and Social Media Features
You may link to the Site homepage in a fair and legal way that does not damage our reputation or suggest association, approval, or endorsement without our written consent.
Where social or sharing features are provided, you may use them only as offered by us and only with the content they are displayed with. You may not frame, deep-link, or otherwise display Site content on another site in a misleading or unauthorized way.
15. Risk Allocation
No Warranties
Your use of the Site, its content, and any services obtained through the Site is at your own risk. The Site, its content, and any advice or services obtained through it are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, non-infringement, and fitness for a particular purpose.
Limitation of Liability
To the fullest extent permitted by law, Doko MD and its affiliates, officers, directors, employees, agents, partners, service providers, and licensors will not be liable for damages arising out of or in connection with your use of, or inability to use, the Site, linked websites, Site content, or services obtained through the Site.
To the extent any limitation is not enforceable, the maximum liability of Doko MD to you with respect to your use of the Site is $500.
Limitations Period
Any claim related to these Terms of Use or the Site must be brought within one year after the claim first could be filed, or it is permanently barred.
16. Indemnification
You agree to defend, indemnify, and hold harmless Doko MD and its successors, assigns, officers, directors, employees, agents, and affiliates from and against claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Site, your breach of these Terms, your violation of third-party rights, or claims that content provided by you caused harm to a third party.
17. Dispute Resolution; Arbitration Agreement
We will try in good faith to resolve issues you bring to our attention. However, you and Doko MD agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, will be determined by binding arbitration rather than in court, except where a claim may properly be brought in small claims court.
The arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association under its applicable rules, as modified by these Terms. Unless you and Doko MD agree otherwise, arbitration hearings will take place in Dallas, Texas.
Before initiating arbitration, the party asserting a claim must send written notice by certified mail describing the nature of the claim and the relief sought. If the parties do not resolve the claim within 30 days after notice is received, either party may commence arbitration.
Class action waiver: You and Doko MD agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If the arbitration provision is found unenforceable, exclusive jurisdiction and venue for claims will be in the state or federal courts located in Dallas, Texas.
18. General
- Governing Law: These Terms and all matters arising from them are governed by the laws of the State of Texas, excluding its choice of law rules.
- No Waivers: Failure by us to enforce any provision is not a waiver of that provision or any other provision.
- Assignment: You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
- Third-Party Beneficiaries: Unless expressly stated otherwise, these Terms do not confer rights or remedies on persons other than you, Doko MD, and its affiliates.
- Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, war, terrorism, public network failures, electrical shortages, earthquakes, floods, civil disorder, strikes, fire, or other disasters.
- Notices: We may provide notices by email or by posting to the Site. You may provide notice using the contact information at the end of these Terms.
- Entire Agreement: These Terms, together with documents expressly referenced in them, constitute the entire agreement between you and us regarding the Site.
- Reformation and Interpretation: If any part of these Terms is invalid or unenforceable, it will be replaced by a valid provision that most closely matches the original intent, and the remainder will continue in effect.
19. Mobile Message Service Terms and Conditions
The Doko Medical Inc. mobile message service is operated by Doko Medical Inc. Your use of the service constitutes agreement to these Mobile Terms. We may modify or cancel the service or its features without notice, and continued use following any change constitutes acceptance of the updated Mobile Terms.
We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Message frequency varies.
For service support or assistance, call 1-888-910-3656 or email support@doko.md. Wireless carriers are not liable for delayed or undelivered messages.
20. SMS Messaging Terms
By opting in to receive SMS messages from Doko MD, you agree to receive messages related to appointment confirmations and reminders, account notifications, care updates, and customer support communications. Message frequency varies. Message and data rates may apply.
You can opt out at any time by replying STOP to any message. For assistance, reply HELP or contact our support team. Consent to receive SMS messages is not required as a condition of purchase. For more information, review our Privacy Policy.