SECOPP LLC TERMS AND CONDITIONS
Effective Date: March 1, 2025
Last Updated: February 27, 2025
TABLE OF CONTENTS
- Introduction
- Eligibility and Registration
- Platform Services
- Patient Rights and Responsibilities
- Provider Rights and Responsibilities
- Payment Terms
- Intellectual Property
- Privacy and Data Security
- Representations and Warranties
- Limitation of Liability
- Indemnification
- Term and Termination
- Dispute Resolution
- Additional Terms for Mobile Applications
- International Use
- General Provisions
- Jurisdiction-Specific Provisions
- Supplemental Terms for Specific Features
1. INTRODUCTION
1.1 Agreement to Terms
Welcome to Secopp LLC (“Secopp,” “Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of the Secopp telemedicine platform, including our website located at www.thesugrclinic.com, mobile applications, and all related services (collectively, the “Platform”).
By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you are using the Platform on behalf of an organization, you are agreeing to these Terms for that organization and confirming that you have the authority to bind that organization to these Terms. In such cases, “you” and “your” will refer to that organization.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1.2 Definitions and Interpretation
Throughout these Terms, the following definitions apply:
- “Content” means all text, images, photos, audio, video, graphics, and data made available through the Platform.
- “Healthcare Provider” or “Provider” means licensed physicians, specialists, and other healthcare professionals who provide medical services through the Platform.
- “Patient” means an individual who uses the Platform to receive telemedicine services.
- “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to a particular individual.
- “Protected Health Information” or “PHI” means individually identifiable health information transmitted or maintained in electronic or other form, as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
- “Services” means all services provided through the Platform, including telemedicine consultations, prescription services, and health monitoring.
- “User” means any individual who accesses or uses the Platform, including Patients and Healthcare Providers.
1.3 Electronic Contracting
You agree that these Terms constitute a legally binding agreement between you and Secopp. You further acknowledge and agree that your electronic consent to these Terms has the same legal effect as a physical signature and constitutes your agreement and intent to be bound by these Terms.
You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.4 Platform Description
The Platform is a telemedicine service that connects patients in India with licensed healthcare providers in the United States for remote medical consultations, prescription services, and health monitoring. The Platform is designed to facilitate healthcare services across international borders in compliance with applicable laws and regulations in both the United States and India.
The Platform is not intended to replace a primary care physician or in-person medical care, and it is not an emergency service. If you are experiencing a medical emergency, please dial your local emergency number (such as 911 in the United States or 112 in India) or go to the nearest emergency room.
1.5 Relationship to Other Agreements
These Terms incorporate by reference the following additional agreements, which also govern your use of the Platform:
- Privacy Policy: Our Privacy Policy describes how we collect, use, and share your information.
- Notice of Privacy Practices: For U.S. users, this document explains your rights regarding your protected health information under HIPAA.
- Informed Consent for Telemedicine Services: Before receiving healthcare services through the Platform, you will be asked to review and agree to this document, which explains the nature and limitations of telemedicine services.
- Healthcare Provider Agreements: Healthcare Providers are also subject to additional terms that govern their provision of services through the Platform.
In the event of any conflict between these Terms and any of the above agreements, the terms of these Terms shall control with respect to your use of the Platform.
2. ELIGIBILITY AND REGISTRATION
2.1 User Eligibility Requirements
To use the Platform, you must:
- Be at least 18 years of age, or be at least 13 years of age and have the consent and supervision of a parent or legal guardian.
- Have the legal capacity to enter into these Terms.
- Not have been previously suspended or removed from the Platform.
- Comply with all applicable laws and regulations, including those in your country of residence.
For Patients:
- Reside in India or be physically present in India while receiving services.
- Have the ability to participate in video consultations with adequate internet connection.
- Not be experiencing a medical emergency.
For Healthcare Providers:
- Hold an active, unrestricted license to practice medicine in the United States.
- Maintain appropriate professional liability insurance.
- Have the qualifications and training necessary to provide the services offered through the Platform.
- Comply with all applicable laws, regulations, and professional standards in the United States and, as applicable, in India.
2.2 Account Registration Process
To use the Platform, you must create an account by providing accurate and complete information as prompted by the registration form. You agree to maintain and promptly update your account information to keep it accurate and complete.
For Patients, the registration process requires:
- Full legal name
- Date of birth
- Contact information (email address and phone number)
- Physical address in India
- Emergency contact information
- Basic health information
- Payment information
For Healthcare Providers, the registration process requires:
- Full legal name
- Professional credentials and specialties
- License information and verification
- Contact information
- Professional liability insurance information
- Board certifications
- Educational background and training
- Professional background check consent
We reserve the right to reject any registration or to terminate any account at our sole discretion.
2.3 Account Security Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Create a strong, unique password for your account.
- Keep your account credentials confidential and not share them with any third party.
- Immediately notify us of any unauthorized use of your account or any other breach of security.
- Ensure that you log out from your account at the end of each session.
- Use secure internet connections when accessing the Platform.
- Comply with any additional security measures we may implement from time to time.
We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
2.4 Provider Verification and Credentialing
All Healthcare Providers on the Platform undergo a rigorous verification and credentialing process that includes:
- Verification of medical education and training
- Confirmation of active, unrestricted medical licensure
- Review of board certifications
- Verification of professional liability insurance
- Background checks
- Reference checks
- Review of disciplinary actions and malpractice history
- Ongoing monitoring of credentials and license status
While we make reasonable efforts to verify the credentials of Healthcare Providers, we do not guarantee the accuracy of all information provided by Healthcare Providers or their suitability for your specific healthcare needs.
2.5 Patient Identity Verification
To ensure the security and integrity of healthcare services, we verify the identity of all Patients using the Platform. Patient identity verification may include:
- Validation of government-issued identification
- Two-factor authentication
- Video verification during consultations
- Biometric verification (where available and with consent)
- Knowledge-based authentication questions
You agree to cooperate with our identity verification procedures and understand that failure to complete verification may result in limited or denied access to the Platform.
2.6 Account Restrictions and Termination
We reserve the right to suspend or terminate your account and access to the Platform at any time and for any reason, including but not limited to:
- Violation of these Terms
- Providing false or misleading information
- Engaging in fraudulent or illegal activities
- Inappropriate behavior toward Healthcare Providers or our staff
- Using the Platform for unauthorized purposes
- Failure to pay for services
- Inactivity for an extended period
If we suspend or terminate your account, you may be prohibited from registering a new account or accessing the Platform in the future. We will comply with applicable laws regarding the maintenance and transfer of medical records in the event of account termination.
3. PLATFORM SERVICES
3.1 Service Description and Limitations
The Platform provides the following telemedicine services:
- Virtual consultations with licensed U.S. physicians
- Medical advice and treatment recommendations
- Health monitoring and follow-up care
- Secure messaging between patients and providers
- Electronic health record maintenance
- Educational health resources
The Platform is subject to the following limitations:
- The Platform is not a substitute for in-person medical care.
- Not all medical conditions are appropriate for telemedicine consultation.
- Healthcare Providers may determine that your condition requires in-person evaluation.
- Technological limitations may affect the quality of services.
- The Platform does not guarantee the availability of specific Healthcare Providers.
- Services may be limited by local laws and regulations.
3.2 Telemedicine Consultation Services
Telemedicine consultations are conducted by licensed Healthcare Providers via secure video connection. These consultations allow for:
- Evaluation of symptoms and medical concerns
- Discussion of medical history
- Visual examination as possible through video
- Diagnosis of certain conditions
- Treatment recommendations
- Prescription of certain medications (where appropriate)
- Referrals to specialists or in-person care when necessary
- Follow-up consultations
Healthcare Providers have sole discretion to determine whether your condition is appropriate for telemedicine and may decline to provide services if they determine in-person care is necessary. By using the Platform, you acknowledge the inherent limitations of telemedicine and agree that certain conditions may require in-person evaluation and treatment.
3.3 Prescription Services Exclusion
NO PRESCRIPTION SERVICES. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, SECOPP LLC EXPRESSLY DOES NOT PROVIDE ANY PRESCRIPTION SERVICES THROUGH THE PLATFORM. NO HEALTHCARE PROVIDER ON THE PLATFORM IS AUTHORIZED TO ISSUE, PROVIDE, OR FACILITATE ANY PRESCRIPTION FOR MEDICATION, CONTROLLED SUBSTANCES, OR OTHER PRESCRIPTION ITEMS TO ANY PATIENT THROUGH THE PLATFORM. ANY HEALTHCARE PROVIDER WHO ATTEMPTS TO PRESCRIBE MEDICATION THROUGH THE PLATFORM IS ACTING OUTSIDE THE SCOPE OF AUTHORIZED SERVICES AND IN VIOLATION OF THESE TERMS. USERS ACKNOWLEDGE AND AGREE THAT (1) NO PRESCRIPTION SERVICES WILL BE PROVIDED THROUGH THE PLATFORM, (2) HEALTHCARE PROVIDERS MAY ONLY OFFER CONSULTATIVE SERVICES AND MEDICAL ADVICE, AND (3) PATIENTS REQUIRING PRESCRIPTION MEDICATIONS MUST SEEK SUCH SERVICES FROM LOCAL HEALTHCARE PROVIDERS OUTSIDE THE PLATFORM. SECOPP LLC DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY ATTEMPT TO OBTAIN OR PROVIDE PRESCRIPTION SERVICES THROUGH THE PLATFORM.
3.4 Health Monitoring Services
The Platform may offer health monitoring services that allow Healthcare Providers to:
- Review health data you provide
- Monitor certain health conditions remotely
- Receive updates about your health status
- Provide ongoing care recommendations
- Adjust treatment plans based on your health data
To use health monitoring services, you may need to:
- Input health data manually
- Connect compatible monitoring devices
- Regularly update your health information
- Participate in follow-up consultations
You understand that health monitoring through the Platform is not continuous real-time monitoring and should not be relied upon for emergency conditions or critical health parameters that require immediate attention.
3.5 Service Availability and Interruptions
We strive to make the Platform available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access to the Platform. The Platform may be unavailable during scheduled maintenance periods, unplanned outages, or due to circumstances beyond our control, including but not limited to:
- Internet service provider failures
- Hardware or software malfunctions
- Natural disasters or acts of God
- Government restrictions
- Cyber-attacks or security breaches
- Telecommunications failures
Healthcare Provider availability is subject to their individual schedules and may vary. We do not guarantee the availability of specific Healthcare Providers at specific times. Appointment scheduling is subject to Provider availability.
3.6 Emergency Services Disclaimer
THE PLATFORM IS NOT FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (SUCH AS 911 IN THE UNITED STATES OR 112 IN INDIA) OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
The Platform is not designed to address emergency medical conditions and should not be used in life-threatening situations, including but not limited to:
- Chest pain or pressure
- Difficulty breathing
- Severe bleeding
- Poisoning
- Serious burns
- Severe trauma or injury
- Loss of consciousness
- Suicidal or homicidal thoughts
We are not responsible for any harm resulting from your use of the Platform for emergency medical conditions or any delay in seeking emergency medical care.
3.7 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Platform or the entire Platform at any time without notice or liability. This includes:
- Adding or removing features or services
- Changing service hours or availability
- Updating software or user interfaces
- Establishing new limitations or restrictions
- Changing fee structures or payment methods
- Modifying Healthcare Provider networks
If we discontinue the Platform entirely, we will provide notice as required by applicable law and take appropriate steps to ensure continuity of care and access to medical records.
4. PATIENT RIGHTS AND RESPONSIBILITIES
4.1 Patient Rights
As a Patient using the Platform, you have the right to:
- Receive respectful and non-discriminatory care
- Be informed about the capabilities and limitations of telemedicine
- Receive information about the Healthcare Providers who will be providing services
- Receive clear information about diagnosis, treatment options, and recommendations
- Ask questions and have them answered in terms you can understand
- Make informed decisions about your healthcare
- Refuse any recommended treatment or procedure
- Request a different Healthcare Provider
- Access, review, and request amendments to your medical records
- Privacy and confidentiality in accordance with applicable laws
- Be informed of all applicable fees before receiving services
- Provide feedback about your experience
- File complaints about the care received
- Terminate services at any time
4.2 Medical Records Access
You have the right to access your medical records maintained on the Platform. To request access to your medical records:
- Login to your account and navigate to the Medical Records section
- Submit a request through the designated form
- Contact our support team for assistance
We will process your request in accordance with applicable laws, including HIPAA for U.S. users. Medical records will be provided in electronic format unless otherwise requested. We may charge a reasonable, cost-based fee for providing copies of records in accordance with applicable laws.
You may also request amendments to your medical records if you believe information is incorrect or incomplete. We will review such requests and make appropriate changes or note your disagreement in the record if the Healthcare Provider determines the information should not be changed.
4.3 Informed Consent Requirements
Before receiving healthcare services through the Platform, you will be required to provide informed consent. The informed consent process includes:
- Information about the nature of telemedicine
- Discussion of potential benefits, risks, and limitations
- Alternative options to telemedicine
- Privacy considerations specific to telemedicine
- Technical requirements and potential technical failures
- Protocol for emergency situations
Your informed consent will be documented in your medical record. You may withdraw consent at any time by contacting us, though this will not affect the lawfulness of the services already provided.
Healthcare Providers may require additional specific consent for certain procedures or treatments beyond the general telemedicine consent.
4.4 Patient Responsibilities
As a Patient using the Platform, you have the responsibility to:
- Provide complete and accurate information about your medical history, current medications, allergies, and symptoms
- Be honest about your health behaviors and adherence to treatment plans
- Inform the Healthcare Provider if you do not understand the treatment plan or are unable to follow it
- Respect the time of Healthcare Providers by attending scheduled appointments or canceling with reasonable notice
- Conduct yourself in a respectful manner during all interactions
- Pay for services as agreed
- Follow up with in-person care when recommended by Healthcare Providers
- Seek emergency services when appropriate
- Inform us of changes in your contact or payment information
- Comply with these Terms and all applicable laws
4.5 Accurate Information Provision
You agree to provide accurate, current, and complete information about yourself during registration and in all interactions with Healthcare Providers. This includes:
- Your true identity and personal information
- Your complete medical history
- All current medications and supplements
- Known allergies and adverse reactions
- Current symptoms and their duration
- Previous treatments and their outcomes
- Lifestyle factors relevant to your health
- Any other information requested by the Healthcare Provider
Providing false, misleading, or incomplete information may result in:
- Improper diagnosis or treatment
- Termination of your account
- Denial of future services
- Legal liability
You agree to promptly update your information if any changes occur that may affect your care.
4.6 Prohibited Patient Activities
The following activities are strictly prohibited:
- Seeking treatment for another person while representing that it is for yourself
- Sharing your account credentials with others
- Recording consultations without the express permission of the Healthcare Provider
- Using the Platform for any fraudulent or illegal purpose
- Seeking multiple prescriptions from different Healthcare Providers for the same condition
- Selling or transferring prescriptions or medications obtained through the Platform
- Harassing, threatening, or being abusive toward Healthcare Providers or staff
- Attempting to manipulate Healthcare Providers to prescribe specific medications
- Using the Platform while under the influence of substances that impair your ability to participate effectively
- Violating the intellectual property rights of Secopp or any third party
- Attempting to reverse engineer, decompile, or disassemble the Platform
- Using automated systems, bots, scrapers, or similar technologies to access the Platform
Engaging in prohibited activities may result in immediate termination of your account, denial of access to the Platform, legal action, and/or reporting to appropriate authorities.
5. PROVIDER RIGHTS AND RESPONSIBILITIES
5.1 Provider Qualifications and Licensing
All Healthcare Providers on the Platform must:
- Hold a valid, current, and unrestricted license to practice medicine in at least one U.S. state
- Maintain appropriate professional liability insurance
- Have completed the required education and training for their specialty
- Be in good standing with relevant medical boards and authorities
- Complete Secopp’s credentialing process
- Maintain compliance with continuing education requirements
- Adhere to all applicable laws, regulations, and professional standards
- Understanding of cross-border telemedicine regulations
Healthcare Providers must immediately notify Secopp of any changes in their licensure status, including investigations, restrictions, suspensions, or revocations.
5.2 Standard of Care Obligations
Healthcare Providers must provide services that meet the applicable standard of care for their profession and specialty. This includes:
- Conducting appropriate evaluations within the limitations of telemedicine
- Obtaining adequate medical history and information
- Making clinical judgments based on available information
- Providing evidence-based recommendations when possible
- Recognizing the limitations of telemedicine and recommending in-person care when appropriate
- Maintaining adequate documentation of all patient encounters
- Following up on test results and referrals as appropriate
- Adhering to specialty-specific clinical guidelines and protocols
- Remaining current with medical knowledge and best practices
Healthcare Providers acknowledge that the standard of care for telemedicine may evolve and agree to adapt their practices accordingly.
5.3 Provider Discretion
Healthcare Providers maintain full professional autonomy and clinical discretion when using the Platform. This includes the right to:
- Determine whether a Patient’s condition is appropriate for telemedicine
- Decline to treat a Patient if they determine it is not in the Patient’s best interest
- Recommend in-person evaluation when deemed necessary
- Make independent clinical judgments about diagnosis and treatment
- Prescribe medications based on their professional judgment and applicable laws
- Terminate a consultation if a Patient becomes abusive or inappropriate
- Establish their own availability and schedule
- Determine the appropriate length of consultations
- Refer Patients to other healthcare professionals when appropriate
Healthcare Providers are not obligated to prescribe any specific medication or treatment requested by a Patient and will make decisions based on their professional judgment, applicable standards of care, and relevant laws.
5.4 Documentation Requirements
Healthcare Providers must maintain thorough and accurate documentation of all Patient encounters, including:
- Date and time of the consultation
- Chief complaint or reason for the encounter
- Relevant medical history reviewed
- Review of symptoms
- Assessment and diagnosis (or differential diagnosis)
- Treatment plan and recommendations
- Patient education provided
- Follow-up instructions
- Referrals made
- Informed consent discussions
- Duration of the encounter
Documentation must be completed in a timely manner following each encounter and must meet applicable legal, regulatory, and professional standards.
5.5 Prohibited Provider Activities
Healthcare Providers are prohibited from:
- Practicing outside the scope of their license or training
- Prescribing medications in violation of applicable laws or regulations
- Establishing inappropriate personal or romantic relationships with Patients
- Discriminating against Patients based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic
- Providing services while impaired by alcohol, drugs, or other substances
- Sharing Patient information in violation of privacy laws
- Making false or misleading statements about their qualifications or services
- Billing for services not provided or inappropriately coding services
- Soliciting Patients to transfer care outside the Platform
- Using the Platform to promote products or services for personal financial gain
- Making guarantees about treatment outcomes
- Engaging in fee-splitting or kickback arrangements
Violations of these prohibitions may result in immediate suspension or termination of the Provider’s access to the Platform, reporting to relevant licensing boards or authorities, and other appropriate actions.
5.6 Provider Availability
Healthcare Providers agree to:
- Maintain their availability schedule on the Platform
- Provide reasonable notice for changes to their availability
- Be punctual for scheduled appointments
- Respond to Patient messages within the timeframe specified in their Provider agreement
- Have adequate technical capabilities to provide quality video consultations
- Arrange for appropriate coverage during periods of unavailability
- Notify Secopp of extended absences
- Follow established protocols for handoffs when care must be transferred to another Provider
Healthcare Providers understand that reliability and responsiveness are essential for quality care and Patient satisfaction.
6. PAYMENT TERMS
6.1 Fee Structure
The Platform uses the following fee structure:
- Consultation Fees: Fixed or variable fees based on consultation type, duration, Provider specialty, and service complexity
- Administrative Fees: Fees for services such as medical record transfers, expedited appointments, or specialized documentation
All fees are denominated in U.S. Dollars (USD) or Indian Rupees (INR) as applicable. Current fees for services are posted on the Platform and may be updated from time to time. You are responsible for reviewing the fee information before scheduling services.
6.2 Payment Methods
We accept the following payment methods:
- Digital payment methods (Google Pay)
- Indian payment methods (UPI, Net Banking, e-wallets)
By providing payment information, you represent that you are authorized to use the payment method and agree to keep your payment information current. You authorize us to charge your payment method for all fees incurred.
6.3 Insurance and Third-Party Payers
Currently, the Platform does not directly bill insurance companies or third-party payers. However:
- We will provide you with an itemized receipt that you may submit to your insurance for potential reimbursement
- You are responsible for understanding your insurance coverage for telemedicine services
- You remain responsible for payment regardless of insurance reimbursement
- We may explore relationships with insurance providers in the future
For patients in India, we may participate in certain private insurance programs or employer healthcare benefits. If applicable, information about such programs will be available on the Platform.
6.4 Billing Practices
Our billing practices include:
- Upfront Disclosure: We will inform you of all applicable fees before you receive services
- Payment Timing: Payment is typically collected at the time of booking or at the discretion of the care coordinator
- Receipts: Detailed receipts are provided for all transactions
- Fee Changes: We will provide at least 30 days’ notice before implementing any fee increases
- Billing Disputes: We have a process for addressing billing questions and disputes
6.5 Refund Policy
Our refund policy is as follows:
- Consultation Cancellation: Full refund if cancelled more than 24 hours before the scheduled appointment/consultation; no refund for cancellations less than 2 hours before the appointment or for missed appointments nor if consultation is already provided
- Technical Failures: Full refund or rescheduled appointment at no additional cost if a consultation cannot be completed due to technical failures on our end
- Provider Cancellation: Full refund if a Provider cancels an appointment, or you may reschedule at no additional cost
- Service Dissatisfaction: Refund requests for quality issues will be evaluated on a case-by-case basis
Refund requests must be submitted within 14 days of the service date. Approved refunds will be processed to the original payment method within 5-10 business days.
6.6 Late Payment and Failed Transactions
For failed transactions or late payments:
- We will attempt to process the payment up to three times
- You will be notified of payment failures via email and/or text message
- Access to non-emergency services may be suspended until payment issues are resolved
- Repeatedly failed payments may result in the requirement of alternative payment methods or prepayment for services
We are committed to working with patients experiencing financial hardship and may offer payment plans in certain circumstances.
6.7 Taxes
All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all applicable taxes related to your use of the Platform, including but not limited to sales tax, value-added tax (VAT), goods and services tax (GST), or similar taxes.
For Patients in India, we will collect and remit GST as required by Indian tax laws. For Healthcare Providers in the United States, we will provide appropriate tax documentation as required by U.S. tax laws.
Tax rates are determined based on various factors, including your location and the type of service provided. We will display applicable taxes during the checkout process before you complete your purchase.
7. INTELLECTUAL PROPERTY
7.1 Ownership of Platform and Content
The Platform, including all software, visual interfaces, graphics, design, compilation, information, data, and Content, is owned by Secopp or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
The Content on the Platform includes materials developed by Secopp as well as materials licensed from third parties. Unless otherwise indicated, all Content is owned by or licensed to Secopp.
Nothing in these Terms grants you any right, title, or interest in the Platform or its Content except for the limited license expressly set forth in these Terms.
7.2 Permitted Use of Platform
Subject to your compliance with these Terms, Secopp grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose of receiving or providing healthcare services.
You may use the Platform only for lawful purposes and in accordance with these Terms. This license does not include any right to:
- Modify, adapt, or hack the Platform or modify another website to falsely imply that it is associated with the Platform
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform without express written permission from Secopp
- Use any data mining, robots, or similar data gathering or extraction methods
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
- Use meta tags or any other “hidden text” utilizing Secopp’s name or trademarks
- Access the Platform by any means other than through the interfaces provided by Secopp
7.3 User-Generated Content
By submitting, posting, or displaying any content on or through the Platform (“User-Generated Content”), you grant Secopp a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User-Generated Content for the purposes of providing and improving the Platform.
For Healthcare Providers, User-Generated Content includes medical documentation, treatment plans, prescriptions, and communications with Patients. For Patients, User-Generated Content includes health information, questions, feedback, and communications with Healthcare Providers.
You represent and warrant that you have all rights necessary to grant the licenses contained in this section and that your User-Generated Content does not violate any third party’s intellectual property or other rights.
7.4 License Grants
In addition to the license for User-Generated Content, you grant Secopp:
- The right to use your name, username, and profile information in connection with your User-Generated Content
- The right to use feedback, suggestions, ideas, or other submissions provided by you without any restriction or obligation to compensate you
- For Healthcare Providers, the right to use your name, credentials, specialties, and professional profile to promote the Platform and its services
These license grants survive termination of these Terms or your account.
7.5 Trademark and Brand Usage
The Secopp name, logo, and other Secopp trademarks, service marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of Secopp in the United States and other countries. You are granted no right or license with respect to any of the aforesaid trademarks.
Healthcare Providers may not use Secopp’s trademarks or branding in any manner that suggests endorsement or affiliation beyond the actual relationship established through the Platform, without Secopp’s prior written permission.
7.6 Copyright Infringement Reporting
If you believe that any Content on the Platform infringes your copyright, please notify us by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Platform
- Your contact information, including address, telephone number, and 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Notices of copyright infringement claims should be sent to:
Secopp LLC
Attn: Legal Department
Email: admin@thesugrclinic.com
8. PRIVACY AND DATA SECURITY
8.1 Privacy Policy Incorporation
Our Privacy Policy, available at www.thesugrclinic.com/privacy-policy, is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understand our Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.
The Privacy Policy explains how we collect, use, share, and protect your personal information and Protected Health Information. It also describes your choices regarding use, access, and correction of your personal information.
8.2 Protected Health Information Handling
For users in the United States, we comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. Our Notice of Privacy Practices, available at www.thesugrclinic.com/hipaa-notice, provides detailed information about your rights under HIPAA and how we handle your Protected Health Information.
For users in India, we comply with applicable Indian laws and regulations regarding healthcare data privacy. We implement appropriate safeguards to protect health information in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and other applicable Indian laws.
8.3 Data Security Measures
We implement reasonable and appropriate technical, administrative, and physical safeguards to protect your information. Our security measures include:
- Encryption of data in transit and at rest
- Multi-factor authentication
- Access controls and authorization protocols
- Regular security assessments and testing
- Staff training on security and privacy
- Physical security for our facilities and infrastructure
- Business continuity and disaster recovery plans
- Regular data backups
- Security monitoring and incident response procedures
- Compliance with industry security standards
While we use commercially reasonable efforts to protect your information, no security system is impenetrable, and we cannot guarantee the absolute security of your information. You are responsible for maintaining the secrecy of your unique password and account information.
SECOPP LLC TERMS AND CONDITIONS (CONTINUED)
9. REPRESENTATIONS AND WARRANTIES
9.1 Platform Warranties
Secopp represents and warrants that:
- We will provide the Platform using commercially reasonable care and skill
- We will use commercially reasonable efforts to maintain the availability of the Platform, subject to maintenance and outages beyond our reasonable control
- We will implement reasonable security measures to protect your information
- We will comply with all applicable laws and regulations in our operation of the Platform
- We will respond to customer support inquiries in a timely manner
- We will maintain appropriate insurance coverage for our operations
- Healthcare Providers on the Platform have been credentialed in accordance with our policies
9.2 User Warranties
You represent and warrant that:
- You have the legal capacity to enter into these Terms
- All information you provide to us is accurate, complete, and current
- You will use the Platform in compliance with these Terms and all applicable laws
- You will not use the Platform for any fraudulent or unlawful purpose
- You will not interfere with the proper operation of the Platform
- You will keep your account credentials confidential
- If you are a Healthcare Provider, you hold all required licenses and credentials to provide healthcare services and will maintain them throughout your use of the Platform
- If you are a Healthcare Provider, you will provide services in accordance with applicable standards of care and professional ethics
9.3 Healthcare Disclaimer
SECOPP IS A TECHNOLOGY PLATFORM THAT CONNECTS PATIENTS WITH INDEPENDENT HEALTHCARE PROVIDERS. SECOPP IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
The Healthcare Providers on the Platform are independent professionals and are solely responsible for the quality and appropriateness of the care they provide. Secopp does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Providers.
Telemedicine involves limitations compared to in-person healthcare. By using the Platform, you acknowledge that:
- Telemedicine may not be as complete as in-person healthcare
- There are potential risks of misdiagnosis due to the limitations of telemedicine
- Technical failures may impede or delay care
- In some cases, information transmitted may be insufficient for proper medical decision-making
- Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment
9.4 Third-Party Services
The Platform may integrate with or link to third-party services, applications, or websites. We do not control these third-party services and are not responsible for their availability, reliability, or content. Your use of third-party services is subject to the terms and privacy policies of those services, and we make no representations or warranties regarding such third-party services.
Third-party services may include:
- Payment processors
- Identity verification services
- Electronic health record systems
- Pharmacy services
- Laboratory testing services
- Medical device integrations
- Healthcare provider directories
We are not liable for any harm or damages related to your use of or reliance on any third-party services.
9.5 Warranty Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SECOPP SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
SECOPP DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (C) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (D) INFORMATION AVAILABLE THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY; OR (E) THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9.6 Force Majeure
Neither Secopp nor you shall be liable for any delay or failure in performance under these Terms resulting from acts beyond the control of such party, including without limitation: acts of God, acts of war, terrorism, riots, civil unrest, insurrection, strikes or other labor problems, epidemics, pandemics, power failures, internet or telecommunications disruptions, earthquake, fire, flood, or other natural disasters, governmental actions, or any similar cause.
10. LIMITATION OF LIABILITY
10.1 Liability Caps
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SECOPP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM.
UNDER NO CIRCUMSTANCES WILL SECOPP’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE PLATFORM OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SECOPP FOR YOUR USE OF THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100 USD.
The foregoing limitations will apply even if Secopp has been informed of the possibility of such damages and even if a remedy fails of its essential purpose.
10.2 Types of Damages
Without limiting the foregoing, Secopp shall not be liable for:
- Damages resulting from unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Platform, including Healthcare Providers
- Any action taken in connection with an investigation by Secopp or law enforcement authorities
- Any injury, death, or bodily harm arising from telemedicine services provided by Healthcare Providers
- Any economic harm, including lost profits or revenue
- Any loss of data or content
- Any interruption or cessation of transmission to or from the Platform
- Any bugs, viruses, or other harmful code that may be transmitted through the Platform
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content
- The quality or outcomes of healthcare services provided by Healthcare Providers
10.3 Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Secopp and you. You specifically acknowledge that Secopp would not be able to provide the Platform on an economic basis without these limitations.
10.4 Exceptions to Limitations
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such cases, Secopp’s liability will be limited to the fullest extent permitted by applicable law.
Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury resulting from our negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited by law
10.5 Jurisdictional Limitations
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
11. INDEMNIFICATION
11.1 User Indemnification Obligations
You agree to defend, indemnify, and hold harmless Secopp, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Platform
- Your violation of any provision of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
- Any content you upload, post, email, transmit, or otherwise make available through the Platform
- Your violation of any applicable laws, rules, or regulations
- Any claim that your actions caused harm to a third party
- Any medical malpractice or professional negligence claims arising from your use of the Platform
- If you are a Healthcare Provider, any services you provide through the Platform
This defense and indemnification obligation will survive these Terms and your use of the Platform.
11.2 Company Defense Rights
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that you will not settle any claim that affects Secopp or our affiliates without our prior written approval.
11.3 Indemnification Procedures
If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
In the event of such a claim, we will:
- Provide you with written notice of the claim
- Allow you to participate in the defense of the claim (at your expense)
- Reasonably cooperate with you in defending the claim
- Not settle or compromise the claim without your written consent, which shall not be unreasonably withheld
You must:
- Promptly notify us in writing of any such claim
- Allow us to control the defense and settlement of the claim
- Reasonably cooperate with us in the defense and settlement of the claim
11.4 Exclusive Remedy
The indemnity and defense provisions in this section constitute the sole and exclusive monetary remedy of Secopp and its directors, officers, employees, affiliates, and agents for any claim subject to indemnification under these Terms.
12. TERM AND TERMINATION
12.1 Term of Agreement
These Terms commence on the date you first access or use the Platform and continue until terminated as described in these Terms.
For subscription plans, the term begins on the subscription start date and continues for the period specified in your subscription plan (e.g., monthly, quarterly, or annual), automatically renewing for successive periods of the same duration unless terminated as provided in these Terms.
12.2 Termination by User
You may terminate these Terms at any time by:
- Closing your account through the Platform settings
- Sending a written termination notice to support@thesugrclinic.com
- For subscription plans, cancelling your subscription through the Platform settings or by contacting customer support
If you are a Patient, termination will not affect any pending appointments or ongoing treatment unless you specifically request cancellation of these services. You will remain responsible for any fees incurred prior to termination.
If you are a Healthcare Provider, you must provide at least thirty (30) days’ advance written notice of termination and must continue to provide services for any already-scheduled appointments during that notice period unless alternative arrangements are made for those Patients.
12.3 Termination by Company
Secopp may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including, without limitation:
- Violation of these Terms
- Provision of inaccurate, outdated, or incomplete information
- Engagement in fraudulent or illegal activities
- Failure to pay fees when due
- Upon receipt of requests or orders from law enforcement or other government agencies
- If your actions expose Secopp to legal liability or compromise the Platform’s integrity
- Extended periods of inactivity
- For Healthcare Providers, loss of license or credentials, or evidence of substandard care
We also reserve the right to terminate or suspend any Healthcare Provider’s access to the Platform if, in our sole discretion, we determine that the Provider’s continued participation would present a risk to Patient safety or Platform integrity.
12.4 Effect of Termination
Upon termination of these Terms:
- Your right to access and use the Platform will immediately cease
- Your account will be deactivated or deleted
- You will no longer have access to your account information or content
- Any pending appointments may be cancelled (with notification to affected parties)
- You remain liable for any outstanding fees or obligations incurred before termination
- For Healthcare Providers, arrangements will be made for the transition of Patient care
If you have an active subscription plan at the time of termination, you may be entitled to a prorated refund for the unused portion of your subscription, depending on the circumstances of termination and subject to our refund policy.
12.5 Survival Provisions
The following provisions will survive the termination of these Terms:
- Intellectual Property (Section 7)
- Privacy and Data Security (Section 8)
- Representations and Warranties (Section 9)
- Limitation of Liability (Section 10)
- Indemnification (Section 11)
- Dispute Resolution (Section 13)
- Any payment obligations incurred prior to termination
- Any other provisions that by their nature should survive termination
12.6 Post-Termination Medical Record Access
Following termination, we will maintain your medical records in accordance with applicable laws and our record retention policies. You may request access to your medical records after termination by:
- Submitting a written request to records@thesugrclinic.com
- Completing the medical records request form available on our website
- Contacting our customer support
For U.S. users, we will maintain and provide access to medical records in accordance with HIPAA and other applicable laws. For users in India, we will maintain and provide access to medical records in accordance with applicable Indian laws and regulations.
Healthcare Providers are responsible for making appropriate arrangements for the transition of Patient care upon termination of their use of the Platform, including provision of summary records and referrals as appropriate.
13. DISPUTE RESOLUTION
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
For users who are residents of India, to the extent required by applicable Indian law, these Terms shall also be governed by and construed in accordance with the laws of India. However, any disputes shall be resolved through the dispute resolution process described in this section.
13.2 Informal Dispute Resolution
Before filing a claim against Secopp, you agree to attempt to resolve the dispute informally by contacting us at disputes@thesugrclinic.com. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 60 days of submission, you or Secopp may proceed with filing a formal claim or lawsuit.
13.3 Arbitration Agreement
Except for the right of either party to seek injunctive or other equitable relief or for claims that can be brought in small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or the services provided through the Platform, will be settled by binding arbitration in accordance with the following terms:
- Forum: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.
- Location: Unless you and Secopp agree otherwise, the arbitration will be conducted in Delaware, United States. For users in India, upon request, the arbitration may be conducted via video conference to facilitate participation.
- Process: The arbitration will be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
- Language: The arbitration proceedings shall be conducted in English.
- Confidentiality: The existence and content of the arbitration proceedings, including all submissions, will be kept confidential, except as necessary to enforce any award.
- Costs: Secopp will pay all arbitration filing fees and arbitrator’s costs and expenses for claims less than $10,000 unless the arbitrator determines the claim is frivolous. For claims over $10,000, the payment of filing fees and arbitrator’s costs will be governed by the AAA Commercial Arbitration Rules.
- Award: The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award rendered by the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
13.4 Class Action Waiver
YOU AND SECOPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SECOPP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
13.5 Small Claims Court Option
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
13.6 Opt-Out Procedure
You have the right to opt out of the arbitration and class action waiver provisions set forth in Sections 13.3 and 13.4 by sending written notice of your decision to opt-out to no-reply@thesugrclinic.com within 30 days of your first use of the Platform. If you opt out, neither you nor Secopp can require the other to participate in an arbitration proceeding.
If you do not opt out within this period, you will be bound by the arbitration and class action waiver provisions, as well as all other provisions of these Terms.
13.7 Venue for Legal Disputes
If for any reason a claim proceeds in court rather than in arbitration, you and Secopp agree that:
- If you are a resident of the United States, any such claim shall be brought exclusively in the state or federal courts located in Delaware, United States.
- If you are a resident of India, any such claim shall be brought exclusively in courts located in Delaware, United States, or, if required by mandatory provisions of Indian law, in courts located in India with appropriate jurisdiction.
You and Secopp agree to submit to the personal jurisdiction of the courts located within these venues for the purpose of litigating any such claims.
14. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
14.1 App Store Terms
If you download and use our mobile application, the following additional terms apply:
- The terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the mobile application.
- You agree that Secopp is not responsible for any charges you may incur from your Mobile Provider while using the application.
For applications downloaded from Apple’s App Store:
- You acknowledge that these Terms are between you and Secopp, not with Apple Inc. (“Apple”).
- Your use of the application must comply with the App Store Terms of Service.
- Apple has no obligation to furnish any maintenance and support services with respect to the application.
- In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you.
- Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession and/or use of the application.
- Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you.
For applications downloaded from Google Play:
- You acknowledge that these Terms are between you and Secopp, not with Google LLC (“Google”).
- Your use of the application must comply with the Google Play Terms of Service.
- Google is only a provider of the Google Play store where you obtained the application.
- Secopp, not Google, is solely responsible for the application and its content.
14.2 Mobile Device Requirements
To use our mobile application, you need a compatible mobile device. The application may be updated from time to time, and may not work with older versions of the operating system, software, or hardware.
We do not guarantee that the application will be compatible with all devices. You are responsible for ensuring that your device meets the minimum requirements for the application.
Current minimum requirements include:
- For iOS devices: iOS 13.0 or later
- For Android devices: Android 8.0 or later
- Adequate storage space for the application and associated data
- Camera and microphone capabilities for telemedicine consultations
- Stable internet connection (Wi-Fi or mobile data)
14.3 Mobile Data Charges
You are responsible for any mobile charges that you may incur for using our application, including data charges, SMS charges, and roaming charges. If you’re not sure what these charges might be, you should ask your Mobile Provider before using the application.
Telemedicine video consultations may consume significant amounts of data. We recommend using Wi-Fi connections when possible to minimize data usage.
14.4 Push Notifications
Our application may send push notifications to your mobile device. You can control or disable these notifications in your device settings.
Push notifications may include:
- Appointment reminders
- Consultation notifications
- Prescription updates
- Messages from Healthcare Providers
- Account updates
- Emergency alerts
14.5 Application Updates
We may update the application from time to time for various reasons, including to address security issues, provide new features, or improve performance. Some updates may be mandatory for continued use of the application.
Updates may be issued through the App Store or Google Play, and you agree that the application may automatically download and install updates from time to time. You may also be required to install updates manually to continue using the application.
14.6 Geographic Restrictions
The application may not be available in all countries or regions. We may use technologies to prohibit access from jurisdictions where we do not offer our services.
You agree not to circumvent or attempt to circumvent any geographical restrictions we impose.
15. INTERNATIONAL USE
15.1 Cross-Border Healthcare Regulations
The Platform facilitates telemedicine services across international borders, specifically between Healthcare Providers in the United States and Patients in India. All users must comply with applicable laws and regulations governing cross-border healthcare in both countries.
For Healthcare Providers:
- You are responsible for understanding and complying with legal and regulatory requirements related to providing healthcare services to patients in India.
- You must be licensed and in good standing in the United States.
- You must adhere to telehealth practice standards established by relevant U.S. medical boards.
- You must understand the limitations on prescribing medications across international borders.
- You must comply with any applicable export controls on healthcare services.
For Patients:
- You acknowledge that Healthcare Providers on the Platform are licensed in the United States, not India.
- You understand that prescriptions issued through the Platform are subject to restrictions and may not be valid at all pharmacies in India.
- You agree to comply with all Indian laws and regulations regarding the receipt of healthcare services from foreign providers.
- You understand that local healthcare regulations may limit certain aspects of care that can be provided through cross-border telemedicine.
15.2 Language of the Agreement
These Terms are written in English. Translations into other languages may be provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.
For users in India, we may provide summaries or key provisions in other Indian languages upon request, but the English version remains the official and binding version of these Terms.
15.3 Export Controls
The Platform and its underlying technology may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer, directly or indirectly, any technical data or software acquired from Secopp, or any products utilizing such data or software, in violation of U.S. export laws or regulations.
15.4 Country-Specific Terms
15.4.1 United States
If you are accessing or using the Platform from the United States:
- You agree to comply with all applicable federal and state laws, including state telehealth regulations.
- You understand that healthcare regulations may vary by state, and Healthcare Providers must comply with regulations in their state of licensure.
- You acknowledge that some states may have restrictions on telemedicine practice that could limit services available through the Platform.
15.4.2 India
If you are accessing or using the Platform from India:
- You agree to comply with all applicable Indian laws and regulations, including telemedicine guidelines issued by the Medical Council of India or other relevant authorities.
- You understand that certain healthcare services and prescriptions may be restricted under Indian law.
- You acknowledge that in case of conflict between U.S. and Indian healthcare regulations, Healthcare Providers must comply with both sets of regulations, which may result in limitations on available services.
15.5 Jurisdictional Limitations
Secopp makes no representation that the Platform or any content available through the Platform is appropriate or available for use in locations outside the United States and India. If you access the Platform from other locations, you do so at your own risk and are responsible for compliance with local laws.
We reserve the right to limit the availability of the Platform or any service or product described on the Platform to any person or geographic area at any time.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms (including the Privacy Policy and any other agreements expressly incorporated by reference) constitute the entire agreement between you and Secopp concerning your use of the Platform and supersede all prior or contemporaneous communications, proposals, and understandings, whether electronic, oral, or written, between you and Secopp with respect to the Platform.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The invalidity of any term of these Terms shall not affect the validity or enforceability of any of the remaining provisions, which shall remain in full force and effect.
16.3 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Secopp’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any failure by Secopp to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver of any provision shall be effective unless explicitly stated in writing and signed by an authorized representative of Secopp.
16.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Secopp’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.
Secopp may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
16.5 Relationship of Parties
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Secopp in any respect whatsoever.
For Healthcare Providers, these Terms do not create an employer-employee relationship, and Healthcare Providers are independent contractors, not employees or agents of Secopp.
16.6 Third-Party Beneficiaries
These Terms do not confer any third-party beneficiary rights on any person or entity who is not a party to these Terms, except as expressly stated in these Terms.
16.7 Notices
Any notices or other communications permitted or required hereunder will be in writing and given by Secopp:
- via email to the address that you provide during registration
- via push notification to your mobile device
- via posting to the Platform
- via postal mail to the physical address associated with your account
For notices made by you to Secopp, please use:
- Email: admin@thesugrclinic.com
Notices provided electronically will be deemed given on the day sent (unless returned as undeliverable), and notices sent by postal mail will be deemed given three business days after mailing.
16.8 Contact Information
For questions or concerns regarding these Terms, please contact us at:
- Email: support@thesugrclinic.com
- Phone:
- Website Contact Form: www.thesugrclinic.com/contact-us
16.9 Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Platform and close your account.
16.10 Electronic Signature
Your use of the Platform, creation of an account, or clicking to accept or agree to these Terms (where such option is made available) constitutes your electronic signature to these Terms, which has the same legal effect as a handwritten signature.
17. JURISDICTION-SPECIFIC PROVISIONS
17.1 United States
17.1.1 State Telehealth Laws
Healthcare Providers must comply with telehealth laws and regulations in their state of licensure. These laws vary by state and may include requirements regarding:
- Establishing a provider-patient relationship via telemedicine
- Informed consent requirements specific to telehealth
- Prescribing limitations and restrictions
- Documentation requirements
- Technology and security standards
- Insurance coverage and reimbursement
- Licensing requirements for cross-state practice
Patients should be aware that state laws may limit the types of services that can be provided through telemedicine.
17.1.2 Federal Healthcare Laws
The Platform and services provided through it are subject to various U.S. federal healthcare laws and regulations, including but not limited to:
- Health Insurance Portability and Accountability Act (HIPAA)
- Health Information Technology for Economic and Clinical Health Act (HITECH)
- Federal Food, Drug, and Cosmetic Act (FDCA)
- Controlled Substances Act (CSA)
- Federal Anti-Kickback Statute
- Stark Law (Physician Self-Referral Law)
- Medicare and Medicaid regulations
Healthcare Providers must comply with all applicable federal laws and regulations when providing services through the Platform.
17.2 India
17.2.1 Telemedicine Guidelines
The Platform complies with applicable telemedicine guidelines in India, including:
- Telemedicine Practice Guidelines issued by the Board of Governors in supersession of the Medical Council of India
- Information Technology Act, 2000, and its amendments
- Digital Information Security in Healthcare Act (when effective)
- Other applicable healthcare regulations issued by the Ministry of Health and Family Welfare
Patients in India should understand that these guidelines may limit the scope of services that can be provided through telemedicine, particularly regarding prescriptions and certain types of consultations.
17.2.2 Medical Practice Regulations
While Healthcare Providers on the Platform are licensed in the United States, not India, the services provided to patients in India must still comply with applicable Indian laws governing medical practice, including:
- Indian Medical Council Act and regulations
- Drugs and Cosmetics Act and Rules
- Clinical Establishments (Registration and Regulation) Act
- Any state-specific healthcare regulations applicable to the patient’s location
Healthcare Providers must be aware of these regulations and their implications for providing services to patients in India.
17.3 Cross-Border Practice Limitations
Due to the cross-border nature of the Platform, certain limitations apply:
- Prescribing controlled substances is prohibited through the Platform
- Certain medication classes may be restricted based on either U.S. or Indian regulations
- Emergency services cannot be provided through the Platform
- Certain invasive procedures or treatments cannot be recommended or provided
- Laboratory or diagnostic testing orders may be subject to local availability and regulations
- Follow-up care may be limited by jurisdictional boundaries
- Certain types of medical documentation may not be recognized across borders
- Insurance coverage and reimbursement may be limited or unavailable
Users acknowledge these limitations and agree to work within the established regulatory frameworks of both countries when using the Platform.
