SKYMD® TERMS OF USE

EFFECTIVE DATE: SEPTEMBER 22, 2026

SECTION 1

USE OF THE SITE

These Terms of Use govern the websites, patient portals, mobile-enabled services, applications, and related online services operated by Compass Dermatopathology PC that link to or post these Terms of Use, including www.skymd.com and the other websites and digital services operated under the Compass Dermatopathology, SkyMD®, Lanoi Dermatology, and other brands, trade names, and doing-business-as (“d/b/a”) names that Compass adopts, acquires, or operates from time to time (collectively, the “Site”). Adding a brand, website, location, or service line to the Site does not require any change to these Terms of Use.

The Site is operated by Compass Dermatopathology PC, a California professional corporation (“Compass,” “we,” “us,” or “our”), which provides the Services through its licensed healthcare professionals. These Terms of Use constitute a binding agreement between you and Compass. SkyMD®, Compass Dermatopathology, and Lanoi Dermatology are registered trademarks, trade names, and/or d/b/a names used by Compass, and are brands and platforms through which Compass makes the Services available; they are not separate legal entities or contracting parties, and any reference to a brand acting or reserving rights means Compass operating under that brand.

Compass receives non-clinical administrative and business support from Calame Capital, LLC, an affiliated management services organization (the “MSO”). The MSO provides management, technology, marketing, billing, administrative, and other non-clinical services to Compass; it does not provide medical or healthcare services, does not practice medicine, is not a Treating Provider or healthcare provider, and does not make clinical decisions. All medical care, diagnoses, treatment decisions, and other professional healthcare services are provided solely by Compass and its licensed healthcare professionals. Certain trademarks, websites, technology, or other intellectual property used in connection with the Site may be owned or administered by Compass, the MSO, or another affiliated entity, as further described in Section 12.

Through the Site, Compass and its licensed healthcare professionals provide access to healthcare services that may include dermatology (including dermatopathology, Mohs, and other dermatology subspecialties), family or primary care, behavioral health, pediatrics, telemedicine services, in-person healthcare services, and other healthcare services as may be offered from time to time and as permitted by applicable law (collectively, the “Services”).

The Site may be used to create an account, provide health information, communicate with healthcare providers, schedule appointments, receive healthcare services, access medical information, make payments, and otherwise interact with healthcare providers and healthcare-related services.

By accessing or using the Site, you agree to be bound by these Terms of Use, our Privacy Policy, Notice of Privacy Practices, and any additional terms or consents presented to you in connection with your use of the Site or Services. If you do not agree to these Terms of Use, you may not access or use the Site.

Certain Services may not be available in all states, jurisdictions, or geographic locations. Availability of Services may depend upon provider availability, licensure requirements, patient eligibility, applicable law, and other factors.

THE SITE, PLATFORM, AND SERVICES ARE NOT A SUBSTITUTE FOR EMERGENCY MEDICAL CARE.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE EMERGENCY MEDICAL ATTENTION.

SECTION 2

HEALTH CARE SERVICES

Medical services made available through the Site are provided by licensed healthcare professionals affiliated with Compass, including physicians and other employed or authorized contracted healthcare professionals permitted to provide healthcare services under applicable law (collectively, “Treating Providers” or individually, a “Treating Provider”).

Healthcare professionals providing services through the Site exercise independent professional judgment in evaluating, diagnosing, treating, prescribing, recommending follow-up care, and making all clinical decisions regarding patient care. No individual Treating Provider is required to recommend any particular treatment, prescribe any medication, order any test, or render any particular medical opinion.

Although SkyMD® serves as the healthcare brand and technology platform through which Services are delivered, all medical care, treatment decisions, diagnoses, prescriptions, recommendations, and professional healthcare services are provided solely by licensed healthcare professionals acting within the scope of their professional licensure and clinical judgment.

Not all healthcare services are appropriate for telemedicine. Treating Providers may determine, in their sole professional judgment, that a patient’s condition requires an in-person examination, additional testing, referral to another provider, referral to emergency services, referral to a specialist, or other follow-up care that cannot be adequately provided through the Site.

The availability of healthcare services, providers, specialties, prescriptions, treatment options, insurance participation, and appointment availability may vary based upon provider availability, patient eligibility, clinical appropriateness, applicable law, geographic location, and other factors.

Neither SkyMD® nor Compass guarantees that any particular Treating Provider will be available, that any requested treatment will be provided, that any prescription will be issued, or that any particular medical outcome will be achieved. Medical outcomes may vary from patient to patient, and no specific result is guaranteed.

SECTION 3

SITE CONTENT

The content made available through the Site, including articles, educational materials, provider profiles, treatment descriptions, frequently asked questions, blog posts, videos, images, graphics, and other informational materials (collectively, “Site Content”), is provided for general informational and educational purposes only.

Site Content is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, condition, or medical problem. Site Content should not be used as a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare professional.

Only advice, recommendations, diagnoses, treatment plans, prescriptions, and other healthcare services provided directly to you by your Treating Provider as part of a professional healthcare relationship should be considered medical advice specific to your circumstances.

You should not disregard professional medical advice or delay seeking medical treatment because of information contained on the Site. If you have questions regarding a medical condition, treatment, medication, or healthcare decision, you should consult a qualified healthcare professional.

References on the Site to specific medications, treatments, procedures, providers, products, services, or healthcare information do not constitute a guarantee, endorsement, recommendation, warranty, or representation that any such medication, treatment, procedure, provider, product, service, or healthcare approach is appropriate, available, safe, effective, or suitable for any particular individual.

SECTION 4

INFORMED CONSENT

NATURE OF TELEHEALTH SERVICES

Telehealth is the delivery of healthcare services through electronic communications, information technology, and other means when the patient and Treating Provider are not located in the same physical location. Telehealth services may include, without limitation, the review of medical history, health information, questionnaires, images, photographs, video, audio communications, diagnostic information, treatment recommendations, prescriptions, follow-up care, care coordination, and other healthcare services as determined appropriate by your Treating Provider.

As part of your use of the Site and Services, you may be asked to provide health information, medical history, photographs, videos, documents, insurance information, demographic information, and other information necessary for the evaluation and treatment of your condition.

Before the delivery of health care by telehealth, your Treating Provider will inform you about the use of telehealth and will obtain and document your verbal or written consent to receive care by telehealth, as required by California Business and Professions Code section 2290.5 and other applicable law. Telehealth is voluntary; you may withdraw your consent to telehealth at any time, and declining telehealth will not prevent you from seeking in-person care. Your acceptance of these Terms of Use does not, by itself, constitute the informed consent to telehealth or any authorization for the use or disclosure of medical information required under applicable law; those consents and authorizations will be obtained separately as required.

ACKNOWLEDGEMENT OF TELEHEALTH RISKS AND LIMITATIONS

Telehealth may provide benefits including improved access to healthcare services, convenience, continuity of care, and more efficient communication with Treating Providers.

However, telehealth also has limitations and risks, including but not limited to:

Information provided by you may be incomplete, inaccurate, delayed, distorted, or insufficient to allow an appropriate clinical assessment;
Images, photographs, video, audio, or other transmitted information may not adequately represent your condition or may be of insufficient quality for clinical decision-making;
Technical failures, software interruptions, equipment malfunctions, network disruptions, connectivity issues, cybersecurity incidents, or other technology-related problems may delay, interrupt, or prevent evaluation, diagnosis, treatment, communication, or follow-up care;
Certain medical conditions may require an in-person examination, laboratory testing, diagnostic studies, procedures, emergency care, specialist consultation, or other services that cannot be adequately provided through telehealth;
Despite reasonable security measures, electronic communications and data transmissions may be vulnerable to unauthorized access, technical failures, security breaches, or other privacy and security risks.

PATIENT ACKNOWLEDGEMENTS

By accepting these Terms of Use and utilizing the Services, you acknowledge and agree that:

You understand the nature, benefits, limitations, and risks of telehealth services;
Telehealth may not be appropriate for every medical condition, concern, or treatment need;
Your Treating Provider may determine, in his or her professional judgment, that telehealth is not appropriate for some or all aspects of your care and may recommend in-person evaluation, emergency care, referral, additional testing, or other follow-up services;
No diagnosis, treatment recommendation, prescription, referral, medical opinion, or healthcare outcome can be guaranteed;
You remain responsible for seeking emergency medical care when appropriate and for following the recommendations of your Treating Provider and other healthcare professionals involved in your care;
You have received or have been provided access to the applicable Notice of Privacy Practices and understand that your health information will be handled in accordance with applicable privacy laws and policies;
Insurance coverage, reimbursement, copayments, deductibles, coinsurance obligations, and out-of-pocket costs may vary and remain your responsibility as applicable;
Additional informed consent documents, specialty-specific consent forms, state-specific disclosures, and other healthcare-related agreements may apply to particular services, specialties, providers, or treatment situations and are incorporated into your use of the Services;
Your Treating Provider may arrange follow-up care through the Site, through affiliated healthcare providers, through your primary care provider, through specialists, or through other healthcare resources as clinically appropriate.

EMERGENCIES

Telehealth services are not intended for medical emergencies or urgent situations requiring immediate in-person care. If you believe you are experiencing a medical emergency, call 911, contact emergency services, or proceed to the nearest emergency department immediately.

SECTION 5

PRIVACY

Compass, operating through the SkyMD® brand and platform, is committed to protecting the privacy, confidentiality, and security of patient information and personal information.

Medical and health information collected in connection with the Services is subject to applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and other applicable healthcare privacy and security laws. Information regarding our privacy practices is described in our Notice of Privacy Practices and Privacy Policy, which are incorporated into these Terms of Use by reference.

As part of providing the Site and Services, we may collect, use, store, process, transmit, and disclose personal information, health information, and other information as described in our Notice of Privacy Practices, Privacy Policy, applicable consent forms, and applicable law. We do not transmit your protected health information, medical information, or other identifiable health information about you—including information that would identify you as a patient or reveal your chief complaint, diagnosis, treatment, appointment reason, clinical photographs, or the contents of clinical or intake forms—to Meta, Google Ads, social-media platforms, remarketing systems, or other advertising or marketing technologies for advertising, marketing, remarketing, attribution, or behavioral-tracking purposes, and we do not use cookies, pixels, software development kits, or similar technologies to do so. Your acceptance of these Terms of Use, and any cookie or consent choices you make, do not constitute an authorization for any such disclosure. This does not restrict our disclosure of information to legitimate healthcare vendors and business associates for permitted healthcare functions. Our use of tracking technologies and your related choices are further described in our Privacy Policy.

By using the Site and Services, you acknowledge and agree that we may communicate with you electronically regarding your account, appointments, treatment, billing, prescriptions, administrative matters, service announcements, security matters, operational updates, and other healthcare-related communications. Such communications may be delivered through the Site, patient portal, secure messaging, email, text message (SMS), telephone, mobile application notifications, or other communication methods authorized by you or permitted by law.

If you provide your mobile telephone number, you consent to receive account, appointment, treatment, billing, and other healthcare-related text messages (SMS) at that number, including through an automated system. Message frequency may vary, and message and data rates may apply. You may opt out of non-essential text messages at any time by replying “STOP” to any message or by contacting us, and you may request help by replying “HELP”; standard transactional, security, and healthcare messages necessary to provide the Services may continue as permitted by law. We will send marketing or promotional text messages only where we have obtained your prior express written consent, and consent to marketing texts is not a condition of receiving healthcare services. Our text-messaging practices are intended to comply with the Telephone Consumer Protection Act and applicable law.

While we utilize administrative, technical, and physical safeguards designed to protect the privacy and security of information maintained through the Site and Services, no method of electronic transmission, storage, or communication can be guaranteed to be completely secure. You acknowledge that electronic communications, internet transmissions, email communications, text messaging, mobile devices, and other technologies may involve risks beyond our reasonable control.

Whenever reasonably available, secure communications through the Site or patient portal are preferred over unsecured communications. However, in certain circumstances, communications containing personal information or protected health information may be transmitted through email, text messaging, telephone communications, or other methods authorized by you, required for operational purposes, or otherwise permitted by law. You acknowledge and accept the risks associated with such communications.

You agree to maintain accurate and current contact information and to promptly notify us of any changes to your email address, telephone number, mailing address, or other contact information so that important healthcare and administrative communications can be delivered to you.

Additional privacy rights, disclosures, and obligations may apply based on your state of residence, the Services you receive, and applicable law.

SECTION 6

USER ACCOUNT

In order to access certain features of the Site and Services, you may be required to create a user account (“Account”). When creating an Account, you may be required to provide certain information, including your name, contact information, date of birth, and other information necessary to verify your identity, establish your Account, and facilitate the provision of healthcare services (collectively, “Account Information”).

You agree that all Account Information provided by you will be accurate, complete, current, and maintained in an up-to-date manner. You are responsible for promptly updating any changes to your Account Information.

You are responsible for maintaining the confidentiality and security of your username, password, authentication credentials, devices, and other methods used to access your Account. You agree not to share your login credentials with any unauthorized person and not to permit any unauthorized person to access your Account.

You are responsible for all activities occurring under your Account unless such activities result solely from unauthorized access caused by our failure to maintain reasonable security safeguards. If you believe your Account has been compromised, accessed without authorization, or subjected to a security incident, you agree to notify us promptly.

We reserve the right to implement additional security measures, including identity verification procedures, multi-factor authentication, device verification, account recovery procedures, and other security controls as we deem appropriate.

You may not create multiple Accounts for the same individual except as expressly permitted by the Site, including authorized parent, guardian, caregiver, or dependent access arrangements.

We reserve the right to suspend, restrict, disable, or terminate any Account if we reasonably believe that the Account is being used in violation of these Terms of Use, applicable law, patient safety requirements, security requirements, or healthcare compliance obligations.

Compass and SkyMD® reserve the right to take such actions as reasonably necessary to protect the security, integrity, availability, and lawful operation of the Site, Services, and Accounts.

SECTION 7

USE OF THE SITE AND SERVICES BY MINORS

The Site and Services may be used by or on behalf of minors only as permitted by applicable law and under the supervision, authorization, and responsibility of a parent or legal guardian.

For any user under the age of eighteen (18), the parent or legal guardian creating, accessing, managing, or authorizing the minor’s Account represents and warrants that he or she has the legal authority to act on behalf of the minor and to provide all required consents, authorizations, permissions, health information, and other information necessary for the provision of healthcare services.

The parent or legal guardian is responsible for the accuracy and completeness of information submitted on behalf of the minor and for ensuring compliance with these Terms of Use.

Certain healthcare services, communications, privacy rights, consent requirements, and access rights relating to minors may be governed by applicable federal and state laws, which may vary by jurisdiction, age, type of healthcare service, and other factors. Compass, SkyMD®, and the Treating Provider reserve the right to require additional authorizations, consents, identity verification, documentation, or other information before providing services to a minor.

Nothing in these Terms of Use shall be interpreted to require the provision of healthcare services to any minor where such services would be prohibited by applicable law, would require additional consent or authorization, or would otherwise be deemed clinically inappropriate by the Treating Provider.

SECTION 8

USE OF THE SITE AND SERVICES BY CAREGIVERS

Certain patients may choose to authorize a caregiver, family member, legal representative, guardian, agent, or other authorized individual (“Caregiver”) to access, use, or assist with the Site and Services on their behalf, subject to applicable law and our policies and procedures.

By authorizing a Caregiver, you represent and warrant that you have the legal authority to grant such authorization and understand that the Caregiver may have access to health information, account information, communications, appointment information, billing information, treatment information, and other information available through the Site and Services, to the extent permitted by applicable law and the permissions granted.

If you are acting as a Caregiver on behalf of a patient, you represent and warrant that you have the legal authority, authorization, consent, or other lawful basis to act on behalf of the patient and to access, submit, receive, and manage information through the Site and Services.

Compass, SkyMD®, and Treating Providers reserve the right to require documentation, identity verification, proof of authority, guardianship documentation, powers of attorney, consent forms, or other information before granting, maintaining, modifying, or terminating Caregiver access.

Caregiver access may be restricted, limited, modified, or revoked as required by applicable law, patient privacy rights, patient instructions, clinical considerations, security requirements, or operational needs.

Nothing in these Terms of Use obligates Compass, SkyMD®, or any Treating Provider to grant or maintain Caregiver access where doing so would be inconsistent with applicable law, patient privacy rights, patient instructions, professional judgment, or patient safety considerations.

SECTION 9

ACCESS RIGHTS AND ACCEPTABLE USE

Subject to these Terms of Use, Compass and SkyMD® grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Site and Services solely for your personal healthcare-related use and only as expressly permitted by these Terms of Use.

We reserve the right to suspend, restrict, limit, or terminate access to the Site, Services, or any Account at any time, with or without notice, where we reasonably believe such action is necessary to protect patients, providers, security, compliance, operations, or the integrity of the Site and Services.

You agree that you will not:

Impersonate any person or entity or misrepresent your identity, authority, affiliation, credentials, or relationship with any person or entity;
Use the Site or Services in violation of any applicable law, regulation, professional obligation, or third-party right;
Attempt to gain unauthorized access to any Account, system, network, database, application, data, records, communications, or information associated with the Site or Services;
Reverse engineer, decompile, disassemble, modify, copy, exploit, circumvent, bypass, or otherwise attempt to derive source code, security controls, proprietary information, or underlying technology associated with the Site or Services;
Conduct vulnerability scanning, penetration testing, security testing, denial-of-service activity, automated attacks, credential-stuffing attacks, brute-force attacks, or similar activities without prior written authorization;
Upload, transmit, distribute, introduce, or facilitate any malware, virus, ransomware, spyware, trojan horse, malicious code, harmful software, or other disruptive technology;
Use any automated means, including bots, spiders, crawlers, scrapers, artificial intelligence systems, automated agents, scripts, harvesting tools, or similar technologies to access, monitor, collect, extract, copy, or index information from the Site without authorization;
Collect, harvest, scrape, download, store, distribute, sell, or otherwise use information regarding providers, patients, users, content, contact information, or Site data for unauthorized purposes;
Interfere with, disrupt, overload, damage, impair, or compromise the operation, security, performance, availability, or integrity of the Site or Services;
Use the Site or Services in a fraudulent, deceptive, abusive, threatening, harassing, defamatory, obscene, offensive, or otherwise inappropriate manner;
Share Account credentials or permit unauthorized individuals to access your Account.

SkyMD® and Compass reserve all rights not expressly granted under these Terms of Use.

SECTION 10

FEES, BILLING, INSURANCE, AND PAYMENT RESPONSIBILITY

Fees for healthcare services provided through the Site and Services may vary depending upon the nature of the services provided, the patient’s insurance coverage, applicable contracts, provider participation status, geographic location, and other factors.

Patients may elect to utilize available health insurance coverage or may choose to receive services on a self-pay basis where permitted. Insurance eligibility, benefits, coverage determinations, medical necessity determinations, prior authorization requirements, copayments, deductibles, coinsurance obligations, and reimbursement decisions are determined by the applicable health plan and are not guaranteed.

Patients are responsible for providing accurate and current insurance information and for promptly updating any changes to insurance coverage.

Where applicable, patients authorize Compass, its providers, and its authorized billing representatives to submit claims to health insurance plans and other third-party payors for healthcare services rendered. Submission of a claim does not guarantee payment by any insurer or third-party payor.

Patients acknowledge and agree that they remain financially responsible for all amounts not paid by insurance or other third-party payors, including but not limited to copayments, deductibles, coinsurance amounts, non-covered services, denied claims, patient-responsibility balances, and self-pay charges, except where prohibited by law or otherwise agreed in writing.

Certain amounts may be collected before, during, or after the provision of healthcare services, including estimated patient responsibility amounts, copayments, self-pay fees, outstanding balances, or other amounts due.

By providing payment information, including a credit card, debit card, health savings account, flexible spending account, or other payment method, you authorize charges for amounts due in connection with healthcare services rendered, subject to applicable law and our billing policies.

We do not guarantee insurance coverage, reimbursement, payment, or approval of any claim, treatment, procedure, prescription, referral, test, or healthcare service. Questions regarding coverage, benefits, deductibles, coinsurance obligations, or reimbursement should be directed to your health insurance plan.

We reserve the right to modify pricing, fee schedules, billing practices, payment procedures, and financial policies prospectively and in accordance with applicable law.

SECTION 11

THIRD-PARTY WEBSITES AND LINKS

The Site may contain links to third-party websites, applications, services, resources, advertisements, social media platforms, content providers, pharmacies, healthcare resources, government agencies, insurance companies, or other external websites and services that are not owned, operated, or controlled by Compass or SkyMD®.

These links are provided solely for convenience and informational purposes. The inclusion of any link does not constitute an endorsement, recommendation, sponsorship, representation, or warranty regarding any third-party website, service, organization, product, provider, or content.

Compass and SkyMD® do not control and are not responsible for the availability, accuracy, content, security, privacy practices, policies, services, products, advertisements, functionality, or operations of any third-party website or service.

Your access to and use of any third-party website or service is solely at your own risk and is subject to the terms, conditions, privacy policies, and practices of the applicable third party.

To the fullest extent permitted by law, Compass and SkyMD® disclaim any responsibility or liability arising from or related to your use of, reliance upon, interaction with, or transactions involving any third-party website, application, service, product, provider, or content.

SECTION 12

OWNERSHIP OF CONTENT AND TRADEMARKS

The Site and its entire contents, features, functionality, software, technology, designs, text, graphics, images, photographs, videos, audio recordings, provider profiles, educational materials, blog content, compilations, databases, user interfaces, trademarks, service marks, logos, trade dress, and other materials made available through the Site (collectively, the “Content”) are owned by or licensed to Compass, SkyMD®, their licensors, or other authorized content providers and are protected by applicable United States and international copyright, trademark, trade secret, patent, and other intellectual property laws.

These Terms of Use grant you a limited right to access and use the Site and Content solely for your personal, non-commercial use in connection with obtaining information about healthcare services or receiving healthcare services through the Site. No ownership interest, license, or intellectual property rights are transferred to you by virtue of your use of the Site.

You may not reproduce, distribute, publish, display, modify, transmit, create derivative works from, sell, license, exploit, repurpose, or otherwise use any Content except as expressly permitted by these Terms of Use or with our prior written consent.

SkyMD® is a registered trademark associated with the SkyMD brand. The SkyMD®, Compass Dermatopathology, and Lanoi Dermatology names, logos, and associated branding elements, together with the software, technology, and other intellectual property used to operate the Site, are trademarks, service marks, or other intellectual property that are owned, licensed, or administered by Compass, the MSO, or another affiliated entity, as applicable. Other trademarks, service marks, logos, and trade names appearing on the Site may be owned by Compass, its affiliates, the MSO, licensors, business partners, or other third parties. Nothing contained on the Site grants any license or right to use any trademark, service mark, logo, trade name, or other intellectual property without the prior written permission of the applicable owner.

You may not use automated means, including bots, spiders, crawlers, scrapers, artificial intelligence systems, machine learning systems, data harvesting tools, indexing tools, or similar technologies to collect, copy, reproduce, monitor, extract, republish, store, train, develop, improve, or otherwise utilize Site Content without our prior written authorization.

All rights not expressly granted in these Terms of Use are reserved by Compass, SkyMD®, and their respective licensors and content providers.

SECTION 13

TERMINATION, SUSPENSION, AND ACCOUNT CLOSURE

You may request closure or deactivation of your Account at any time by contacting us through the Site or by using the contact information provided on the Site.

Compass and SkyMD® reserve the right to suspend, restrict, disable, or terminate access to the Site, Services, or any Account at any time, with or without notice, where we reasonably believe such action is necessary to:

Protect patient safety;
Protect the security or integrity of the Site or Services;
Prevent fraud, abuse, unauthorized access, or unlawful activity;
Comply with legal, regulatory, licensing, accreditation, payer, or professional obligations;
Enforce these Terms of Use; or
Protect patients, providers, employees, contractors, systems, or operations.

Termination, suspension, restriction, or closure of an Account does not automatically delete medical records, billing records, communications, or other information that we are required or permitted to maintain under applicable law, regulatory requirements, accreditation standards, payer requirements, record-retention policies, litigation holds, business needs, or professional obligations.

Closure or termination of an Account does not terminate any ongoing financial obligations, payment responsibilities, indemnification obligations, dispute-resolution obligations, intellectual-property protections, privacy obligations, or other provisions of these Terms of Use that by their nature are intended to survive termination.

Nothing in these Terms of Use shall limit any rights that a patient may have under applicable law to access, request copies of, amend, or otherwise exercise rights relating to medical records, protected health information, or personal information.

Where required by applicable law, professional standards, or patient-care obligations, Treating Providers may continue to maintain records, communicate regarding follow-up care, respond to records requests, or otherwise fulfill continuing legal, ethical, or professional responsibilities after termination of an Account.

Compass and SkyMD® reserve the right to retain, archive, delete, anonymize, or otherwise manage information in accordance with applicable law, privacy obligations, record-retention policies, litigation-hold requirements, and operational needs.

SECTION 14

MEDICAL RECORDS AND RECORD RETENTION

Patients acknowledge that Treating Providers are subject to legal, regulatory, professional, accreditation, billing, compliance, risk-management, and patient-safety obligations requiring the creation, maintenance, preservation, and retention of medical records and related information.

Accordingly, requests to close an Account, terminate Services, delete information, remove content, revoke access, or otherwise discontinue use of the Site do not require Compass, SkyMD®, or any Treating Provider to delete, destroy, anonymize, or cease maintaining medical records, billing records, communications, consent records, audit logs, or other information that may be retained pursuant to applicable law, professional obligations, payer requirements, litigation-hold obligations, business purposes, patient-safety considerations, or record-retention policies.

Patients may have certain rights under applicable law to access, obtain copies of, request amendments to, or exercise other rights relating to their information; however, such rights do not necessarily require the deletion or destruction of records that Treating Providers are required or permitted to maintain.

Medical records are maintained by Compass, as custodian of such records, in accordance with applicable legal, regulatory, professional, and record-retention requirements.

SECTION 15

RIGHT TO MODIFY

Compass and SkyMD® reserve the right to modify, update, suspend, discontinue, replace, restrict, add to, or remove any portion of the Site, Services, Content, features, functionality, policies, procedures, fees, technologies, or these Terms of Use at any time and in our sole discretion, subject to applicable law.

We may make such changes to address operational needs, technological developments, legal or regulatory requirements, patient safety considerations, security concerns, business requirements, provider availability, service offerings, or other circumstances.

When required by applicable law or when deemed appropriate, we may provide notice of material changes through the Site, patient portal, email, text message, updated policies, revised Terms of Use, or other reasonable means of communication.

The “Effective Date” appearing at the beginning of these Terms of Use reflects the most recent revision date.

Your continued access to or use of the Site or Services following the effective date of any modification constitutes your acceptance of the revised Terms of Use to the extent permitted by applicable law. If you do not agree to any revised Terms of Use, you should discontinue use of the Site and Services.

SECTION 16

DISCLAIMER OF WARRANTIES

THE SITE, SERVICES, CONTENT, COMMUNICATIONS, SOFTWARE, TECHNOLOGY, AND RELATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW.

COMPASS, SKYMD®, ITS PROVIDERS, EMPLOYEES, CONTRACTORS, LICENSORS, VENDORS, AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT, TECHNOLOGY, COMMUNICATIONS, OR ANY INFORMATION MADE AVAILABLE THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPASS AND SKYMD® DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SECURITY, OR UNINTERRUPTED OPERATION.

WITHOUT LIMITING THE FOREGOING:

WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ALL TIMES OR FREE FROM INTERRUPTION, ERROR, DELAY, DEFECT, VIRUS, MALWARE, OR OTHER HARMFUL COMPONENTS;
WE DO NOT WARRANT THAT COMMUNICATIONS, DATA TRANSMISSIONS, IMAGES, DOCUMENTS, OR OTHER INFORMATION WILL ALWAYS BE ACCURATE, COMPLETE, TIMELY, SECURE, OR SUCCESSFULLY TRANSMITTED;
WE DO NOT WARRANT THAT ANY PARTICULAR PROVIDER, SPECIALTY, SERVICE, APPOINTMENT, PRESCRIPTION, TREATMENT OPTION, TEST, REFERRAL, OR HEALTHCARE SERVICE WILL BE AVAILABLE;
WE DO NOT WARRANT THAT INSURANCE COVERAGE, REIMBURSEMENT, BENEFITS, OR CLAIM PAYMENT WILL BE AVAILABLE OR APPROVED;
WE DO NOT WARRANT THAT ANY PARTICULAR DIAGNOSIS, TREATMENT, PRESCRIPTION, REFERRAL, TEST RESULT, CLINICAL OUTCOME, HEALTH IMPROVEMENT, OR MEDICAL RESULT WILL BE ACHIEVED.

MEDICAL CARE INVOLVES PROFESSIONAL JUDGMENT, CLINICAL UNCERTAINTY, INDIVIDUAL VARIATION, AND FACTORS BEYOND THE CONTROL OF COMPASS, SKYMD®, OR ANY TREATING PROVIDER. NO SPECIFIC MEDICAL OUTCOME OR RESULT IS GUARANTEED.

NOTHING IN THIS DISCLAIMER IS INTENDED TO LIMIT ANY RIGHTS OR OBLIGATIONS THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

SECTION 17

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPASS, SKYMD®, ITS PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, VENDORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SITE, SERVICES, CONTENT, COMMUNICATIONS, PLATFORM, HEALTHCARE SERVICES, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF COMPASS, SKYMD®, ITS PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, VENDORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, PLATFORM, HEALTHCARE SERVICES, OR THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

NOTHING IN THESE TERMS OF USE — INCLUDING THE DISCLAIMERS OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ABOVE — LIMITS, EXCLUDES, DISCLAIMS, OR CAPS LIABILITY FOR: (A) DEATH OR PERSONAL INJURY; (B) MEDICAL OR PROFESSIONAL NEGLIGENCE OR MALPRACTICE; (C) FRAUD, FRAUDULENT MISREPRESENTATION, OR WILLFUL INJURY TO PERSON OR PROPERTY; (D) VIOLATION OF LAW, WHETHER WILLFUL OR NEGLIGENT; OR (E) ANY OTHER LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING CALIFORNIA CIVIL CODE SECTION 1668. THE MONETARY CAP SET FORTH ABOVE DOES NOT APPLY TO CLAIMS FOR BODILY INJURY, DEATH, OR PROFESSIONAL NEGLIGENCE. TO THE EXTENT THAT ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED OR ANY LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF LIABILITY SHALL BE THE MINIMUM PERMITTED BY APPLICABLE LAW.

SECTION 18

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Compass, SkyMD®, its providers, officers, directors, employees, contractors, agents, representatives, affiliates, licensors, vendors, service providers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

Your use of or access to the Site, Services, Content, or platform;
Your violation of these Terms of Use or any applicable law, rule, regulation, or professional obligation;
Any false, inaccurate, incomplete, misleading, fraudulent, or unauthorized information submitted by you or on your behalf;
Your violation of any rights of another person or entity, including privacy rights, intellectual property rights, publicity rights, confidentiality obligations, or proprietary rights;
Your unauthorized access to, use of, or disclosure of information relating to another individual;
Your misuse of healthcare services, patient accounts, caregiver access, insurance information, payment methods, or communications systems;
Any claim arising from your negligence, misconduct, fraud, unlawful activity, or intentional wrongdoing.

Compass and SkyMD® reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of any such matter.

Your indemnification obligation applies only to third-party claims and does not apply to, and you are not required to indemnify or hold harmless any Indemnified Party against, any claim, loss, or liability to the extent it arises from the negligence, professional negligence or malpractice, willful misconduct, fraud, or violation of law of any Indemnified Party. Nothing in this Section requires indemnification in a manner prohibited by applicable law.

This indemnification obligation shall survive termination of your Account, your use of the Site or Services, and these Terms of Use.

SECTION 19

GEOGRAPHIC AVAILABILITY AND SERVICE RESTRICTIONS

The Site may be accessed from locations throughout the United States and, in some cases, from locations outside the United States. However, access to the Site does not guarantee eligibility for healthcare services, provider availability, or the availability of any particular specialty, treatment, prescription, feature, or service.

Healthcare services made available through the Site are subject to provider licensure, patient location, specialty availability, clinical appropriateness, operational limitations, applicable law, and other factors. Certain services, specialties, treatments, prescriptions, providers, features, or healthcare offerings may not be available in all jurisdictions or to all patients.

Healthcare services provided through the Site are intended for patients located within the United States and its territories at the time services are rendered. Compass and SkyMD® do not represent or warrant that healthcare services are available, authorized, appropriate, or lawful outside the United States.

Providers delivering services through the Site may be licensed in one or more states, territories, or jurisdictions. The availability of any particular provider, specialty, service, treatment option, prescription, feature, or geographic coverage area may change from time to time based upon provider licensure, provider availability, staffing changes, scheduling considerations, operational requirements, clinical judgment, legal requirements, and other factors.

Compass and SkyMD® do not guarantee the ongoing availability of any specific provider, specialty, jurisdiction, state, territory, service offering, treatment option, feature, or geographic coverage area.

Compass and SkyMD® reserve the right to limit, restrict, deny, suspend, or discontinue access to any portion of the Site or Services based upon geographic location, patient eligibility, legal requirements, provider availability, clinical considerations, operational needs, business decisions, or other factors.

Nothing in the Site, Services, Content, advertisements, marketing materials, or these Terms of Use shall be interpreted as a representation or guarantee that any specific healthcare service, provider, specialty, treatment, prescription, feature, or healthcare offering is available in every jurisdiction, state, territory, or location, or will remain available for any particular period of time.

SECTION 20

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any dispute arising out of or relating to the Site, Services, or these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to the Site, Services, or these Terms of Use shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules. The arbitration shall take place in San Diego County, California unless otherwise required by applicable law.

This arbitration provision does not apply to, and shall not be construed to require arbitration of, any claim of professional negligence or medical malpractice against Compass or any Treating Provider. Any agreement to arbitrate claims of medical malpractice or professional negligence will be presented to you as a separate agreement that complies with California Code of Civil Procedure section 1295, including its required disclosures and its 30-day right of rescission, and no such claim is arbitrable unless you enter into that separate agreement.

To the extent any claim is subject to arbitration under this Section, you and Compass agree that claims will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, nothing in these Terms of Use waives, limits, or precludes, in any forum, your right to seek public injunctive relief to the extent such a waiver is prohibited by California law. If a court or arbitrator determines that a claim for public injunctive relief may not be waived and has been asserted, that claim shall be severed and stayed pending resolution of the arbitrable claims and shall proceed in a court of competent jurisdiction, and the remainder of this arbitration provision shall remain in effect.

You may reject this arbitration provision by sending written notice of your decision to opt out to support@skymd.com within 30 days after you first accept these Terms of Use; if you opt out, neither party will be required to arbitrate. Either party may also bring an individual claim in a small claims court of competent jurisdiction. This arbitration provision does not limit any right you may have to file a complaint with, or seek relief from, any governmental agency, licensing board, or regulator.

Nothing in this section shall prevent either party from seeking temporary, preliminary, or permanent injunctive relief, equitable relief, or protection of intellectual property rights in a court of competent jurisdiction. The parties consent to the personal jurisdiction and venue of the state and federal courts located in San Diego County, California for such proceedings.

The governing-law, arbitration, and venue provisions of this Section apply to the fullest extent permitted by applicable law. If you reside in a state whose law would make the designated arbitration venue in San Diego County, California unenforceable or unconscionable as applied to you, the arbitration will instead be conducted, at your election, in the federal judicial district where you reside, by videoconference, or in another mutually agreed location, under the American Arbitration Association’s Consumer Arbitration Rules and due-process protocols. Nothing in this Section deprives you of any substantive right or protection provided by the mandatory consumer-protection law of your state of residence that cannot be waived by agreement. If any portion of this Section is held invalid or unenforceable, that portion shall be severed and the remainder shall continue in full force and effect; provided that if the class, collective, consolidated, or representative action waiver is held invalid or unenforceable as to any claim, that claim shall proceed in a court of competent jurisdiction rather than in arbitration.

SECTION 21

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

By clicking “I Agree,” checking an acceptance box, electronically signing a document, creating an Account, submitting information, using the Site, or otherwise manifesting assent electronically, you acknowledge and agree that such action constitutes your legal signature and acceptance of these Terms of Use.

You consent to receive notices, disclosures, statements, records, agreements, communications, and other information relating to the Site, Services, or your Account (collectively, “Communications”) electronically, including through email, the patient portal, secure messaging, postings on the Site, text message (SMS), mobile application notifications, or other electronic means permitted by law.

Electronic Communications shall be deemed delivered when transmitted by us to the contact information associated with your Account or otherwise made available through the Site or Services.

SECTION 22

WAIVER AND SEVERABILITY

No waiver by Compass or SkyMD® of any provision of these Terms of Use shall constitute a waiver of any other provision or of the same provision on a future occasion.

If any provision of these Terms of Use is determined by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified or limited to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.

SECTION 23

TECHNOLOGY LIMITATIONS

Compass and SkyMD® utilize commercially reasonable technologies and communications systems to facilitate healthcare services. However, the availability, speed, quality, reliability, and performance of internet connections, mobile networks, wireless communications, devices, hardware, software, and telecommunications services are outside our control.

Accordingly, Compass and SkyMD® are not responsible for delays, interruptions, failures, degraded performance, data transmission issues, connectivity problems, signal-strength limitations, device malfunctions, or other technology-related issues caused by third-party networks, internet service providers, mobile carriers, hardware manufacturers, software providers, or factors beyond our reasonable control.

SECTION 24

ENTIRE AGREEMENT AND ASSIGNMENT

These Terms of Use, together with the Privacy Policy, Notice of Privacy Practices, informed consent documents, and any other agreements or disclosures incorporated by reference, constitute the entire agreement between you and Compass regarding the Site and Services and supersede prior discussions, communications, representations, or agreements relating to their subject matter.

These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

Compass may assign, transfer, delegate, or otherwise convey its rights and obligations under these Terms of Use without notice to the extent permitted by applicable law. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent.

SECTION 25

CONTACT INFORMATION

Questions regarding these Terms of Use or reports of suspected violations may be directed to info@skymd.com or through the contact information provided on the Site.