TELEHEALTH CONSENT AND TERMS OF CARE

Relationship between Kiaora Medical Group and Kiaora, Inc. Kiaora Medical Group works closely with Kiaora, Inc., a technology company that provides technological and administrative support to Kiaora Medical Group and owns and operates the Kiaora website and platform (the “Platform”). You acknowledge and agree that your access to and use of the Platform is subject to the Kiaora, Inc. Terms of Use. Kiaora, Inc. is not a healthcare provider and does not provide medical services or medical advice.

Location and Eligibility for Services. You must be at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law to use the Services. You will be asked for your current state of residence when registering to use the Platform. You agree to notify us and updated your state of residence in the Platform if you move. You agree that you will only use the Services while located in your state of residence. We may ask you to verify your state of residence and/or physical location to ensure compliance with applicable law relating to the licensure of our Providers. You acknowledge that you may not be able to access the Services without providing us with your physical location. We reserve the right to refuse to provide Services to you if you are in a jurisdiction that we do not serve.

Consent to Care. You consent to diagnosis, medical care and treatment that you have agreed to receive and that is considered necessary or recommended by your Providers, including treatment and services through the use of telehealth technologies. You acknowledge and agree that no guarantees have been made to you about the result of your examination, care, or treatment.

Consent to Telehealth Services. "Telehealth Services" means the delivery of Services using technology when you and your Provider are not in the same physical location, and/or the virtual delivery of healthcare services, including by a Provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment.

The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and include the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.

You acknowledge and agree that:

• Kiaora Medical Group provides Telehealth Services that are not intended as a substitute for routine or ongoing medical care or advice for acute or chronic conditions or illnesses.
• You will be assigned to a Provider licensed to provide Services in your state prior to the consult, including a review of the Provider’s credentials.
• You are prohibited from recording or taking pictures of your interactions with a Provider or other care team member without your Provider’s and Kiaora Medical Group’s prior written consent.
• There are various benefits associated with Telehealth Services, including improved access to care by enabling you to remain in your home while the Provider consults with you, more efficient care evaluation and management, and obtaining expertise of a specialist located some distance away.
• Possible risks to Telehealth Services include delays in evaluation and treatment due to deficiencies or failures of the equipment and technologies.
• You are responsible for providing accurate medical information to your Provider. It is up to your Provider to determine whether your specific needs are appropriate for Telehealth Services.
• Telehealth Services using video conferencing technology and messaging-based communications will not be the same as a direct client/therapist visit because you will not be in the same room as your therapist. Alternatives to Telehealth Services, such as in-person services, are available to you.
• Information transmitted through the Telehealth Services may not be sufficient quality to allow for appropriate medical decision making, thus necessitating a rescheduled telehealth encounter or a meeting with your local healthcare provider.
• You or your Provider may discontinue any Telehealth Services encounter if you or the Provider determine that the telehealth technology used for the encounter is not adequate for the situation.
• You will not be prescribed any controlled substances and we do not guarantee that you will receive a prescription at all.
• You may withhold or withdraw your consent to the use of Telehealth Services in the course of your care at any time. However, if you withdraw your consent, we will not be able to provide Services to you.
• The state in which you reside or are located at the time you use the Services may require us to provide additional notices to you or obtain additional consents from you regarding the Telehealth Services. You can review the additional disclosures and consents applicable to you, if any, here. These disclosures and consents are incorporated into these Terms

Subscriptions. The Services are offered on a subscription basis through the Platform, and you agree to pay all fees for the Services. For more information about your subscription and cancellation options, please review the Kiaora, Inc. Terms of Use.

Excluded Services. Your subscription does not cover (i) any ancillary services; (ii) unless otherwise specified by us in writing, any services provided by third parties; (iii) hospital services, emergency room visits, or urgent care facility visits; (iv) appointments with other providers or specialists you are referred to (whether by Kiaora Medical Group or otherwise); or (v) any services not expressly listed as included in your applicable Subscription (collectively, the “Excluded Services”). Kiaora Medical Group is not responsible for any medical bills incurred for any Excluded Services, even if Kiaora Medical Group has referred you for such services.

No Insurance Accepted. At this time, the Providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services offered by the Providers on a cash-pay basis outside of any commercial health insurance plan or federal or state healthcare program. You agree that you are solely responsible for the costs of any services or products provided to you. The Services may be eligible for reimbursement from a flexible spending account (FSA) or health savings account (HSA), subject to the terms of the FSA or HSA, and you are responsible for meeting any requirements that may be required to obtain such reimbursement. You may check with your FSA plan administrator or HSA trustee or custodian for details. If you are covered by a government health plan, please consult with a provider who participates in such plans. You agree that you will not submit a claim for reimbursement to any government healthcare program or commercial health insurance plan for the costs of the services and products provided to you through the Services.

Consent to Use and Disclose Health Information. You agree and consent to Kiaora Medical Group using, disclosing, and/or releasing your information, including your “sensitive health information”, as permitted by law for purposes of treatment, payment, or health care operations of Kiaora Medical Group, such as with your other health care providers in connection with your treatment, with Kiaora, Inc. or other contractors and/or affiliates of Kiaora Medical Group for scheduling, billing and other administrative purposes, with any person or entity liable for payment on your behalf in order to verify coverage or payment questions, or for any other purpose related to benefit coverage and payment. “Sensitive health information” includes information about psychiatric treatment, mental health or illness, or developmental or intellectual disability, substance use disorder treatment, and any other type of information that is given special privacy protection under state or federal laws.

Consent to Confidential Telephone and Electronic Communications. You authorize Kiaora Medical Group (and Kiaora, Inc. on behalf of Kiaora Medical Group) to send confidential communications, including calls, text messages, and emails, to the phone numbers and email addresses we have on file for you and to leave voice messages regarding your health information at such numbers. You further authorize Kiaora Medical Group to communicate with you through chat features available on the Platform. You acknowledge that the content of these communications may include, but is not limited to, health information, preventative care, treatment recommendations, outstanding balances, and requests from Kiaora Medical Group for user feedback as part of your relationship with us. You acknowledge that text messages and emails may be unencrypted and carry some risk that the information in the messages could be read by an unauthorized person, and that we cannot guarantee the security and confidentiality of the text, email, or other electronic messages that we send to you, and we are not responsible for any unauthorized access that occurs during or after the transmission of any text messages or emails to you

The Services are intended for use only within certain states in the United States and its territories. We make no representation that the Services are appropriate or are available for use in states where we do not currently operate or outside the United States.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KIAORA MEDICAL GROUP, OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PROVIDERS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND KIAORA MEDICAL GROUP TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KIAORA MEDICAL GROUP. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KIAORA MEDICAL GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Kiaora Medical Group.

Informal Dispute Resolution. Before filing a claim against Kiaora Medical Group, you agree to try to resolve the dispute informally by contacting hello@bykiaora.com. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.