Terms of Use

These Terms of Use are a contract between you and reachDr, Inc. ("reachDr"), the operator of www.reachdr.com and associated mobile applications ("Apps"), features, and services (collectively, the "Services"). By using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

G-1. Eligibility

• Age Requirement: You must be at least 18 years of age to create an account or use the Services.
• Geography: The Services are directed toward users in the United States.
• Professional Access: Clinical decision-support features are restricted to licensed healthcare professionals. By accessing these features, you represent that you hold a valid, current professional license in your jurisdiction.

G-2. Privacy & Compliance

• Acceptance: Use of the Services constitutes acceptance of our Privacy Policy.
• Business Associate Agreement (BAA): If you are a "Covered Entity" under HIPAA, you must execute a BAA with reachDr prior to transmitting Protected Health Information (PHI).

G-3. Medical Advice & FDA SaMD Status

• No Medical Advice: reachDr is not a healthcare provider. Never use the Services as a substitute for a physician's clinical judgment.
• FDA SaMD Classification: Certain features are classified as Software as a Medical Device (SaMD) under 21 CFR Part 820 and IEC 62304.
• Cybersecurity: Consistent with 2023 FDA guidance, reachDr maintains a Software Bill of Materials (SBOM) and a coordinated vulnerability disclosure process.
• Electronic Records: reachDr maintains compliance with 21 CFR Part 11 for electronic records subject to FDA oversight.

G-4. Messaging Compliance (TCPA)

• Consent: By providing your mobile number, you provide express written consent under the Telephone Consumer Protection Act (TCPA) to receive automated SMS/MMS messages for administrative and clinical purposes.
• Frequency: Typically no more than five (5) messages per week.
• Opt-Out: Reply STOP to cancel at any time. Reply HELP for assistance.
• No Harmful Content: You agree not to transmit SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) via the Services.
• Rates: Message and data rates may apply. reachDr is not responsible for delayed messages due to carrier filtering.

G-5. Disclaimer of Warranties; Liability & Indemnification

REACHDR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED "AS IS."

• Liability Cap: reachDr's total aggregate liability for all claims shall not exceed the greater of (a) fees paid by you in the preceding twelve (12) months or (b) $100.00 USD.
• Indemnification: You agree to defend and hold reachDr harmless from claims arising from your use of the Services, violation of these Terms, or infringement of third-party rights (including HIPAA).

G-6. Disputes & Governing Law

• Governing Law: These Terms are governed by the laws of the State of Delaware.
• Arbitration: Unresolved disputes shall be submitted for binding arbitration under JAMS rules within sixty (60) days.
• Waivers: Both parties waive the right to a jury trial and participation in any class action.
• Venue: Any dispute not subject to arbitration shall be resolved exclusively in state or federal courts in Wilmington, Delaware.

G-7. Prohibited Conduct

You agree not to:

1. use the Services for any illegal purpose or in violation of HIPAA or FDA regulations;
2. reverse engineer or attempt to extract source code;
3. remove or circumvent security features;
4. transmit malicious code;
5. gain unauthorized access to any account or network; or
6. use automated tools to scrape data without reachDr's prior written consent.

G-8. Termination

reachDr may suspend or terminate your access immediately for conduct that violates these Terms or applicable law. You may terminate your account at any time via the in-app account-closure process. Sections G-5, G-6, and G-10 survive termination.

G-9. Modifications

reachDr may modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance written notice by email or in-Service notification. Continued use after the effective date constitutes acceptance.

G-10. Force Majeure

reachDr is not liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, government actions, cyberattacks, or telecommunications failures.

G-11. General

These Terms, the Privacy Policy, and any applicable BAA constitute the entire agreement between you and reachDr. You may not assign these Terms without our prior written consent. If any part is held invalid, the remaining parts remain in full force. Any cause of action must be filed within one (1) year after the claim arose.

P-1. License & SaMD Versioning

• License Grant: reachDr grants a non-exclusive, nontransferable license solely for professional medical practice management.
• Safety & Updates: Providers are responsible for ensuring all personnel use the most current version of the App to maintain clinical safety and regulatory compliance.

P-2. HIPAA, Account Security & Prohibited Uses

• PHI Handling: Provider shall disclose only the "minimum necessary" PHI required (45 CFR § 164.502(b)).
• Breach Reporting: Provider must report any suspected PHI breach to reachDr within twenty-four (24) hours of discovery.
• SUD Records: Enhanced protections apply for Substance Use Disorder records under the 2026 HIPAA-Part 2 Final Rule.
• MFA Requirement: Provider accounts with access to PHI must enable multi-factor authentication (MFA) when prompted, consistent with HIPAA Security Rule § 164.312(d).
• Prohibited Clinical Uses: Provider agrees not to: (a) generate or submit fraudulent medical claims; (b) rely solely on AI-generated outputs for any diagnosis or treatment decision without independent clinical evaluation; or (c) access PHI outside an established treatment relationship without valid patient authorization.

P-3. Billing & Auto-Renewal

• Subscription: Provider agrees to pay all fees set forth in the Order Form.
• Auto-Renewal: Subscriptions automatically renew for successive terms of equal length unless cancelled in writing at least thirty (30) days prior to the renewal date.
• Non-Refundable: All fees are non-refundable except as required by law.

P-4. Adverse Event Reporting

If a Provider identifies a malfunction or unexpected result from an SaMD feature that may have contributed to patient harm, they must report the event to reachDr within seventy-two (72) hours. reachDr will manage applicable FDA Medical Device Reporting (MDR) obligations.

PT-1. Relationship & Emergencies

• Primary Relationship: Your healthcare relationship is with your Provider, not reachDr.

PT-2. Your PHI Rights

As a Business Associate of your Provider, reachDr is contractually bound to protect your PHI. Your rights under HIPAA include:

• Right to Access: Obtain copies of your PHI through the in-app portal or by contacting your Provider.
• Right to Amend: Request correction of inaccurate PHI in your record (45 CFR § 164.526).
• Right to Accounting of Disclosures: Request a list of disclosures of your PHI made outside of treatment, payment, and healthcare operations (45 CFR § 164.528).
• Right to Opt-Out: You may opt out of uses of your PHI beyond treatment, payment, and healthcare operations. Contact privacy@reachdr.com.

PT-3. Additional Patient Notices

Minors: Patients under 18 may only access the Services through a parent or legal guardian, who accepts these Terms on the minor's behalf.

Telehealth: If your Provider uses the Services for virtual care, you consent to the delivery of healthcare services via electronic communications technology. Your Provider determines whether telehealth is clinically appropriate.

Contact Information

If you have any questions about these Terms of Use, please contact us:

reachDr, Inc.
Email: privacy@reachdr.com
Website: reachdr.com