TERMS OF SERVICE
Last Updated: May 1, 2025
PLEASE READ THIS AGREEMENT CAREFULLY
This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and the joint telehealth services provided by Robo Rita Inc. and New Wave Medical Network Inc. (collectively referred to as “Providers,” “we,” “us,” or “our”). This Agreement governs your access to and use of the telehealth platform, applications, and services (collectively, the “Services”).
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
1. SERVICES DESCRIPTION
1.1 The Services provide a platform for remote healthcare consultations, medical information, and related telehealth services.
1.2 The Services are not intended to replace in-person medical care but to supplement existing healthcare options.
1.3 The Services may include:
- Virtual consultations with healthcare providers
- Secure messaging with healthcare professionals
- Electronic prescriptions (where legally permitted)
- Medical record access and management
- Health monitoring and tracking tools
2. FEES AND PAYMENT
2.1 The following fee structure applies to all telehealth services:
- Standard telehealth session: $75.00 for the first 15 minutes
- Additional time: $45.00 per each additional 15-minute increment
- Standard mental health session (45 minutes): $175.00
- Follow-up telehealth sessions: Additional standard charges apply
2.2 All fees are non-refundable once services have been provided.
2.3 Payment is required at the time services are rendered.
2.4 We do not process insurance claims or submit any paperwork for reimbursement from federal, state, or private insurance. You may request a receipt of services for your personal submission to insurance providers.
2.5 Any additional services such as bloodwork, imaging, prescription fulfillment, or other external healthcare services are the sole responsibility of the patient and are not included in our telehealth service fees.
2.6 We reserve the right to modify our fee structure with appropriate notice.
3. ELIGIBILITY AND REGISTRATION
2.1 You must be at least 18 years of age to use the Services. Parents or legal guardians may use the Services on behalf of minors.
2.2 You agree to provide accurate, current, and complete information during the registration process.
2.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.4 You must notify us immediately of any unauthorized use of your account or any other breach of security.
4. PRIVACY, HIPAA, AND HITECH COMPLIANCE
3.1 Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into this Agreement.
3.2 We are committed to protecting your health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), and other applicable laws.
3.3 Protected Health Information (PHI) will only be used or disclosed as permitted by HIPAA and as described in our Notice of Privacy Practices.
3.4 In compliance with the HITECH Act, we:
- Implement and maintain enhanced security measures for electronic PHI
- Follow stringent breach notification requirements
- Adhere to restrictions on the sale and marketing of PHI
- Provide electronic access to health information when requested
- Maintain audit logs of PHI access, use, and disclosure
3.5 We implement physical, technical, and administrative safeguards to protect your PHI from unauthorized access, use, or disclosure.
3.6 You acknowledge that electronic communications may have inherent security risks, and while we implement reasonable security measures, we cannot guarantee absolute security.
5. USER RESPONSIBILITIES
4.1 You agree to:
- Provide accurate and complete information about your health and medical history
- Use the Services in accordance with all applicable laws and regulations
- Not use the Services for emergency medical situations
- Seek immediate emergency care when appropriate
- Follow all treatment plans and medical advice provided through the Services
4.2 You understand that failing to provide accurate information or follow medical advice may result in adverse health outcomes for which the Providers cannot be held responsible.
6. LIMITATION OF LIABILITY
5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDERS, THEIR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
5.2 THE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
5.3 THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. DISCLAIMERS OF WARRANTIES
6.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
6.2 THE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.3 THE PROVIDERS DO NOT WARRANT THAT:
- THE SERVICES WILL MEET YOUR REQUIREMENTS
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY INFORMATION, ADVICE, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
6.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
8. INDEMNIFICATION
7.1 You agree to defend, indemnify, and hold harmless the Providers, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of this Agreement
- Your use of the Services
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
9. TERMINATION
8.1 The Providers may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.
8.2 Upon termination, your right to use the Services will immediately cease.
8.3 All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. GOVERNING LAW AND DISPUTE RESOLUTION
9.1 This Agreement shall be governed by and construed in accordance with the laws of [GOVERNING STATE/JURISDICTION], without regard to its conflict of law principles.
9.2 Any dispute arising from or relating to this Agreement or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
9.3 The arbitration shall be conducted in the State where services were rendered, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
9.4 YOU AND THE PROVIDERS 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 OR REPRESENTATIVE PROCEEDING.
11. CHANGES TO TERMS
10.1 The Providers reserve the right, at their sole discretion, to modify or replace this Agreement at any time.
10.2 If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect.
10.3 By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Agreement.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at:
Robo Rita Inc.
625 W. Southern Ave. Suite E Mesa, AZ 85210
Email: info@roborita.com
New Wave Medical Network Inc.
711 Valarie Street, Ridgecrest, CA 93555
