WE ARE NOT A REPLACEMENT FOR EMERGENCY MEDICAL SERVICES. IF YOU HAVE A MEDICAL EMERGENCY SEEK EMERGENCY MEDICAL CARE IMMEDIATELY IN-PERSON OR DIAL 911 OR YOUR LOCAL EMERGENCY NUMBER.

‍We may change these terms at any time, as required by law. This may include changing, adding, or removing terms. We may do this in response to legal, business, competitive environment or other reasons not listed here

I. Introduction

This Telehealth Informed Consent (“Consent”) explains how Lumify MD (“Lumify”) delivers healthcare services (“Services”) through telehealth technologies to you (“you” or “your”). You are using the Lumify website, mobile app, or other telehealth platforms (collectively, the “Platform”) to access these Services.

This Consent supplements Lumify’s Terms of Use, Privacy Policy, and Notice of Privacy Practices. By creating an account, starting a consultation, clicking “I consent to telehealth,” or using any other acceptance method on the Platform, you acknowledge you have reviewed the risks of telehealth and agree to receive Services this way.

Lumify refers to a network of healthcare professionals affiliated with Lumify MD and its employed and contracted providers (“Providers”).

II. What is Telehealth?

Telehealth uses electronic communications, information technology, or other means to deliver healthcare between a licensed healthcare professional and a patient at different locations. Telehealth can be used for diagnosis, treatment, follow-up, and patient education. These services may involve various methods, including video and audio encounters, asynchronous communication, and interactive audio with store-and-forward technology.

III. Benefits of Telehealth

Telehealth can make it easier and more efficient for you to access healthcare. You can receive Services at convenient times without needing an in-office appointment.

IV. Risks of Telehealth

• Information transmitted to your Provider may not be sufficient for proper diagnosis or treatment.
• Certain healthcare needs may not be suitable for a telehealth visit, and your Provider will make that determination.
• Technology failures may delay your Services.
• In rare cases, incomplete medical records or data quality issues could lead to medication errors, allergic reactions, or other errors in judgment.
• You can stop using telehealth Services at any time. However, you acknowledge applicable fees may apply if a consultation has already occurred, and Lumify has no obligation to continue your care or help you find alternative services.

V. Third-Party Laboratory Services

Some Providers may require diagnostic testing through third-party laboratories. Lumify and your Provider cannot guarantee the accuracy or reliability of these tests. These tests can produce false negatives, false positives, or inconclusive results, impacting your diagnosis or treatment.

VI. Your Acknowledgements

By accepting this Consent, you acknowledge you understand and agree to the following:

1. You have reviewed this Consent and understand the risks, limitations, and benefits of telehealth.
2. You understand the electronic nature of telehealth increases the risk to your health information privacy.
3. Your Provider may be a nurse practitioner or physician assistant, not a physician.
4. Others may be present during your telehealth visit to operate technology or translate languages. You will be informed of their presence and role.
5. The information you provide is accurate, true, and complete.
6. Your Provider may determine asynchronous communication via store-and-forward technology is appropriate in some cases.
7. You understand there is no guarantee of a prescription, and the decision to prescribe is at your Provider’s professional discretion. Telehealth benefits cannot be guaranteed, and your condition may not improve.
8. Technical failures during telehealth encounters are beyond Lumify’s and your Provider’s control. You agree to hold them harmless for delays or lost information due to such failures.
9. You understand certain diagnostic testing services may have defects impacting functionality or producing erroneous results, potentially affecting your care quality.
10. The Platform offers specific services, and you may need to seek other resources for additional healthcare needs. There is no guarantee you will be approved for treatment by a Provider. Your Provider reserves the right to deny care if, in their professional judgment, telehealth is not medically or ethically appropriate. Providers, not Lumify, are responsible for the quality and appropriateness of your care and make all clinical care decisions independently.
11. You understand you may not always communicate with your Provider in real-time, and there may be delays in reviewing your messages. You are responsible for checking the Platform for messages as this is how your Provider communicates important information. Delays in checking messages may delay your Services.
12. You have the right to discuss telehealth use and the risks and benefits with your Provider. You can withdraw your consent to telehealth use without affecting future care or treatment or risking loss of health benefits. However, Providers offering Services via the Platform do not offer in-person treatment.
13. You have access to your medical record pertaining to Services under applicable laws and regulations. Your primary care provider or other treating provider may obtain copies of your health information with your consent.
14. While the Platform may offer access to pharmacy or diagnostic lab services coordinated with the Services, you can choose any pharmacy or lab you prefer.
15. You agree Lumify is a third-party beneficiary of this Consent and has the right to enforce it against you.

VII. Entire Agreement

This Consent constitutes the entire agreement between you and Lumify regarding your use of the Platform for telehealth Services and supersedes all prior or contemporaneous communications.

VIII. Changes to this Consent

We may update this Consent to reflect changes in practices or legal requirements. We will notify you of any material changes by posting the new Consent on the Platform.

IX. Contact Us

If you have questions about this Consent, please contact us at:

• Email: [email protected]
• Phone: (561) 406-4607

X. Severability

If a provision of this Consent is found invalid or unenforceable, such provision will be struck and the remaining provisions will remain in effect.

XI. Dispute Resolution

Any dispute arising under or related to this Consent will be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

By using the Platform, you agree to this Consent.