PointNurse Provider Terms of Service Agreement

Date: April 1, 2018

PointNurse is a software service provided by PointNurse, LLC (“PointNurse” or “we”) located at 901 Broadway, Suite 22925, Nashville, TN 37202 and is subject to the PointNurse Terms of Service ("PointNurse ToS") and PointNurse Privacy Policy (“PointNurse Policy”).

This agreement is between the Provider (“Provider” or "Nurse" or “You” or “Client”) and PointNurse.

To use PointNurse, it is necessary that you agree to the Terms. If you do not fully accept the Terms, you may not use PointNurse. You are a client of PointNurse. You are not a contractor, employee, consultant, or agent of PointNurse.

Providing a Virtual Care Video Call Studio

PointNurse enables you to create and list a Virtual Care Video Call Studio (VCVCS) or profile to allow consumers free or paid access to your VCVCS. The profile information you provide must be accurate, complete and not misleading. You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, skills, qualifications, credentials, regulated status or professional standing when using the Service. You agree to comply with all applicable laws and regulations in the jurisdictions in which you provide or offer to provide a VCVCS. If your offer or provision of a VCVCS requires a license or other regulatory approval, you must first obtain that license or approval and remain in good standing before offering or providing the VCVCS.

You agree to protect the privacy and legal rights of the customers of your VCVCS. You are the sole data controller of the personal data you collect in relation with your VCVCS and must comply with any applicable data protection law. If your customers provide you with personal information, you must provide legally adequate privacy notice and protection for those customers. Further, you may only use that information for the limited purposes for which the customer has given you permission to do so.

PointNurse has no obligation to display your PointNurse listings or information and reserves the right to display PointNurse listings or information to customers in any manner determined by PointNurse, including but not limited to the right to move a listing to a more appropriate category.

Disclosure to Third Parties

PointNurse may disclose to customers or other third parties information regarding your aggregate activity on PointNurse (for example, how often and how soon you respond to customer messages on average, the number of repeat customers you have, the average duration of your VCVCS, number of free/paid sessions conducted, feedback ratings and reviews (both positive and negative) on your performance etc.). Such information may also be available on third-party websites. For further information about the use of your information or data, please refer to PointNurse's general Privacy Policy

Verifying Provider Details

PointNurse or its agent will verify certain licensure information provided by you.

Basic Use Requirements

To use the Service, you will need a device capable of making a video call and working Internet access.

Age Restrictions

You must be 18 years of age or older to provide VCVCS. Customers of your VCVCS must be 13 years of age or older (customers between 13 and 18 years of age must have permission from a parent or legal guardian to use the Service). Speaking with customers under the age of 18 must be within your scope of practice. You must not access the Service or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

Pricing and Payments

Providers receive 100% percent of their service purchase price minus an encounter fee (.89 cents) per visit. For visits requiring payment, PointNurse will also deduct standard credit card processing fees. These fees include 2.99% plus .30 per card transactions.

Provider’s first payout occurs no sooner than 14 days after the first VCVCS access transaction on either the second or third Friday of the month. Payouts to be made via provider PayPal account or check to postal address provided during registration. Requests for customer refunds are to be submitted to PointNurse support for review. Provider payouts on disputed service transactions resulting in refunds request or chargebacks will be put on hold for a 30 day review.

You are responsible for determining if a VCVCS is taxable. You are responsible for remitting taxes due on a VCVCS to the appropriate tax authority.

Indemnification

You are solely responsible for, and PointNurse has no responsibility to you or to any third party for any VCVCS you offer or provide. You agree to hold harmless and indemnify PointNurse and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to your use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, unless you can demonstrate that you are not at fault and have not breached any provisions of these terms or that you are not responsible as a result of strict liability provisions under applicable law.

Disputes

Because PointNurse is not directly involved with transactions between customers and providers, you agree to release PointNurse from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and providers are expected to deal with each other to come to a resolution.

Jurisdiction

Any claim against PointNurse in relation to our service shall be adjudicated in a court in Delaware and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Delaware law, without regard to conflict of laws principles thereof.

Content Agreement

By agreeing to the provider agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.

Termination

This agreement can be terminated at any time for any reason or for convenience by either party.

HIPPA and License Information

Providers subject to Health Portability and Accountability Act (HIPPA) can enter into a Business Associate Agreement (BAA) with PointNurse when registering on PointNurse. PointNurse will provide BAA prior to service activation. Provider must also furnish link to current license or image of license.

About these Terms

We may modify these Terms to, for example, reflect changes to the law or changes to our services. You should look at the Terms regularly. We’ll post notice of modifications to these PointNurse Additional Terms for Providers on this page. Changes will not apply retroactively and will become effective no sooner than ten days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of PointNurse.