Telemedicine Consent and HIPAA Statement
Last modified: February 11th, 2025
Please read these Terms of Use carefully and completely before using Flourish App or any services or goods provided through or in connection with the application or by RealDocAI or one of its subsidiaries, affiliates, or associated medical organizations (collectively, "we," "us," or "RealDocAI"). All of RealDocAI's applications, locations, and services/goods are collectively referred to as the "Service" as further described in this Agreement. These Terms of Use ("Terms of Use" or "Agreement") include the terms below together with the Privacy Policy and any other documents they expressly incorporate. By clicking "I Accept" to this Agreement, or by using the Service (including any access to the Service), you expressly agree to be bound by this Agreement.
THESE TERMS OF USE; (I) CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS ARE RESOLVED, AND (II) AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US OR OUR AGENTS TO BINDING AND FINAL ARBITRATION. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR DO NOT AGREE TO THESE TERMS OF USE DO NOT USE ANY SERVICES PROVIDED BY REALDOCAI.
WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, THE PRIVACY POLICY, THE NOTICE OF PRIVACY PRACTICES, AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.
1. Account Responsibility
Certain parts of the Services may require you to register and/or create an account. All information we collect about you in connection with the Services is subject to our then current Privacy Policy. You must provide RealDocAI with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not use a false name, e-mail address or phone number or otherwise enter information with the intent to impersonate another person. You warrant that all information you submit to us is true and correct.
By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS), phone or other electronic means.
Your account may only be used for your personal use. You are responsible for all activities that occur under your account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and notify RealDocAI promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Services.
2. General
Subject to the terms and conditions of this Agreement (including the Privacy Policy), and during the term of this Agreement, RealDocAI grants you a non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any documentation (online or otherwise) made available by RealDocAI to you describing the Services or any support provided for the Services ("Documentation") solely for purposes of your personal use of the Services. "Services" means the Flourish App services that are ordered or received by you (or provided to you under a free trial), and made available online by RealDocAI, including associated offline or mobile components, as described in the Documentation. The Services are only available in the United States.
3. Clinical Services
The Services may include clinical services. All clinical Services are provided by Health by Heather Hirsch MD PLLC ("Medical Group"), which is an independent medical group with a network of United States based health care providers that provide clinical consultations, services, and/or treatment. RealDocAI provides administrative and management services to the Medical Group and facilitates their provision of clinical Services through the Flourish App. RealDocAI and any subsidiary and affiliates that are not a Medical Group do not provide medical advice, care, and/or treatment. Clinical Services and practices may vary, and patients should contact Health by Heather Hirsch MD PLLC at [email protected] for all questions concerning medical care.
If you receive clinical Services, you may be required to sign the Medical Group’s Clinical Services and Practices Agreement. The Clinical Services and Practices Agreement is part of the Documentation as described herein.
4. AI Technology
a. Certain parts of the Services, particularly the chat feature within Flourish App, use artificial intelligence programs and technologies ("AI Technology") designed to offer instant personalized answers to your questions about health services and assist with health data tracking insights. AI Technology is new and evolving. Some AI Technology, including third party LLM made available, allow users to submit queries or other prompts, and the AI Technology will generate and return to you content, data, or other information. You will be notified if a particular program you are interacting with through the Services is run through AI Technology.
b. You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the content, data, or any other information it generates, including that (i) it may contain errors or misleading information and may not be accurate or reliable; (ii) AI Technology operates based on predefined algorithms and lacks the ability to think creatively or generate entirely new ideas, which may result in repetitive or formulaic content; (iii) AI Technology can struggle with understanding the nuances of language, which can result in generated content that is out of context or does not make sense; (iv) AI Technology does not possess emotional intelligence and cannot understand or convey emotions in the manner that a human can; (v) AI Technology can perpetuate biases present in the data used to train them; (vi) AI Technology has limitations in handling tasks requiring complex reasoning, judgment, and decision-making skills; and (vii) AI Technology requires substantial amounts of data to train and generate content, and the data may impact the accuracy and quality of the generated content, recommendations, data, or other information.
c. You will use independent judgment and discretion before relying on or using the content, recommendations, data, or other information generated by AI technologies. Any generated content, recommendations, data, or information is for informational purposes only and is not a substitute for advice from a qualified professional. Such content is not intended as a replacement for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for personalized advice regarding your health. A Provider from Health by Heather Hirsch will be available to provide additional support if needed.
5. Service Access and Changes We reserve the right to withdraw or amend the Services or materials we provide in connection with the Services at any time in our sole discretion. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. We may restrict access to some or all of the Services from time to time. While we make reasonable efforts to maintain current information, we cannot guarantee that the Services’ content is complete or up to date.
6. Acceptable Use You agree to comply with the following at all times while using the Services. You will not:
DO NOT USE THE SERVICES FOR EMERGENCIES. Our Services are not intended for medical emergencies or urgent situations. Do not disregard or delay seeking medical advice based on information obtained through our Services.
7. Privacy We treat your personal information in accordance with our Privacy Policy, including our Health Information Privacy Policy, which is incorporated herein.
8. Term and Termination The term of this Agreement will begin upon your successful registration for the Services and will continue indefinitely unless terminated by either party as permitted herein.
You acknowledge and agree that RealdocAI may suspend or terminate your access to the Services if you (a) breach any term of this Agreement, or (b) engage in any conduct determined by RealdocAI to adversely affect its operations or reputation.
Upon termination, you will no longer have access to the Services or other content. In addition to termination, RealdocAI reserves the right to pursue all remedies available in the event of a breach or adverse conduct. To retrieve your data upon termination, please send an email to: [email protected]. We will store any health information or personally identifiable information as required by applicable law.
9. Minors To create an account, you must be of legal age to enter into a contract (i.e., be 18 in most states or be an emancipated minor).
10. Electronic Communications When you use the Services or send e-mails, messages, and other communications from your device to us, you consent to communicate with us electronically. You agree that all agreements and consents can be signed electronically and that all notices, disclosures, and communications we provide electronically satisfy any legal required documents. We may contact you by telephone, mail, or email to verify your information and request further information as needed.
11. SMS Terms of Service You agree that we may communicate with you via email, phone, text, or mail regarding the Services. Text messages and emails are not always secure. You consent to receive communications electronically and agree to update your contact information for accuracy. Your consent encompasses all interactions between you and RealdocAI.
You may opt out of certain types of electronic communications via your account or by following the unsubscribe instructions in communications from us. Certain essential communications (e.g., Terms updates) cannot be opted out of.
You may cancel the SMS service at any time by contacting [email protected]. Carriers are not liable for undelivered messages, and message/data rates may apply.
12. Fees Service fees will be paid in accordance with your registration confirmation. Access to Services may be suspended until full payment is received. You are responsible for all taxes based on the provision or use of the Services, excluding taxes on RealdocAI’s income.
By providing payment information, you authorize us to charge your account for all fees and charges due.
13. Intellectual Property Ownership Except for the limited license and use rights granted to you, all rights to the Services, including technology, software, and content, are the exclusive property of RealdocAI and/or third parties. You grant us a worldwide, perpetual, irrevocable, royalty-free license to use feedback you provide regarding the Services.
14. Trademarks Trademarks, service marks, and logos used in connection with the Services are the trademarks of their respective owners. You are granted no rights to these trademarks. All related content on the Services is owned by RealdocAI or third parties and is protected by intellectual property laws.
15. Subscription Policy If you register for a subscription, you acknowledge that your Subscription automatically renews and RealdocAI is authorized to charge you as disclosed at the time of purchase. You may cancel your Subscription after any specified non-cancellable period by contacting [email protected]. We reserve the right to change subscription prices or policies.
16. Confidentiality By accessing the Services, you may have access to our Confidential Information, which you agree to only use as permitted by this Agreement, and not disclose to third parties. Confidential Information does not include information that is publicly known, received from a third party without breach, or developed independently by you.
17. Content “Content” means information created by RealdocAI or obtained from third-party sources. We do not warrant the accuracy or completeness of this Content. Content should not be construed as providing any kind of medical advice or recommendation and should not be relied on as the basis for any clinical decision or action. Patients should not use such Content contained on the Services for independently diagnosing a health problem or disease. Medical advice should always be sought from a licensed, qualified medical practitioner.
18. Third Party Links and Technology Third-party technology that interoperates with or is used in connection with Services is provided for convenience only. RealdocAI does not endorse these technologies and is not responsible for any associated risks or information.
19. DISCLAIMER REALDOCAI MAKES NO WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED. We do not guarantee uninterrupted access to the Services and make no warranties about the accuracy, completeness, or appropriateness of content provided.
20. Limitation of Liability EXCEPT WHERE PROHIBITED, REALDOCAI WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM YOUR USE OF THE SERVICES. If found liable, RealdocAI’s liability will not exceed the amount you paid for Services in the preceding twelve months.
21. Indemnity You agree to indemnify and hold RealdocAI and its officers, directors, partners, employees, contractors, agents, licensors, and suppliers harmless from any claims arising from your violation of this Agreement or applicable law.
22. Void Where Prohibited The Services are intended for users solely within the United States and are void where prohibited.
23. Governing Law All matters related to your access or use of the Services, including all idsputes, shall be governed by the laws of the United States and the State of Delaware.
24. DISPUTE RESOLUTION AND ARBITRATION If any concerns arise that cannot be resolved, you and RealdocAI agree to resolve disputes through individual binding arbitration. This includes waiving your right to a jury trial or participate in a class action.
Opt-Out: If you do not want to arbitrate, you may opt-out within 30 days of first accessing the Services.
“Disputes” include any claims related to these Terms, our Services, or the Privacy Policy. Before proceeding to arbitration, you both agree to attempt to resolve disputes in good faith through a written notice of dispute.
Arbitration Terms and Process:
25. No Waiver Failing to enforce any provision of these Terms does not mean RealdocAI waives any right.
26. Severability If any provision is invalid or unenforceable, the remaining provisions will remain in effect.
27. Export Compliance The Services and associated technology are subject to U.S. export laws. You shall not use the Services in violation of any applicable export regulations.
28. Assignment You may not assign your rights or obligations without RealdocAI’s prior written consent.
29. Entire Agreement These Terms, along with the Privacy Policy, constitute the entire agreement and supersede any prior agreements.
30. Disclosures All Providers performing licensed clinical services through Health by Heather Hirsch MD PLLC hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians hold advanced degrees in medicine and have undergone postgraduate training. You can report a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received. In the State of New York, complaints which relate to professional conduct should be made to the Office of Professional Misconduct (OPMC). You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website. Any clinical records created as a result of your use of the Services will be securely maintained by RealDocAI on behalf of Health by Heather Hirsch MD PLLC for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, which is typically at least six years.
31. Account Deletion
Users can request to delete all their data from our servers by sending a request to [email protected]. Upon receipt of a deletion request, we will begin the process of securely deleting the user’s account and associated data. This will be done in accordance with applicable laws, including HIPAA, and our data retention policies. Please note that some data may be retained as required by law, such as for HIPAA compliance or other legal, regulatory, or operational purposes.
31. Contact Us For questions regarding the Services or these Terms, you may contact us at: Email: [email protected]
This policy (the "Privacy Policy") provides information on how Flourish App collects, uses, discloses, and protects your information. This Privacy Policy is incorporated into our Terms of Use and tells you what information we collect from visitors and users of the Services, how we use that information, how we may disclose that information, how we protect your information, and your choices regarding your information. Capitalized terms in this Privacy Policy may be defined in the Terms of Use.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE TO THE PRIVACY POLICY, INCLUDING ANY CHANGES THERETO, THEN YOU MUST NOT ACCESS AND USE THE SERVICES.
1. Health Information
RealDocAI serves as a business associate under the Health Insurance Portability and Accountability Act of 1996, and regulations issued thereunder, as may be amended from time to time (commonly referred to as "HIPAA"). When we receive, maintain, transmit, or create protected health information on behalf of covered entities (such as healthcare providers or health plans), we do so in accordance with the terms of our Business Associate Agreements with those covered entities and applicable law.
2. Information We Collect From You
When you register with the Services, we collect information about you, including your name, address, telephone number, contact information and password. Once you have registered, we may collect the following information about you, including:
• Your birthdate and certain health information, e.g., your health insurance information, any diagnoses and how long you have been having symptoms.
• Information necessary to verify your identity
• Information you provide to us, or grant us access to, when you access or use the Services
• In the event you pay for the Services directly, payment information is provided directly to our payment processing partner
We will process information collected through the Services in accordance with applicable law, and as described in the Terms of Service and this Privacy Policy. If you do not want to provide us this information, please do not utilize the Services.
Information We Collect Automatically
We may collect certain information through automated means when you use the Services, including the following:
• Device and Usage Information, which may include the type of device you are using, your operating system, your browser type, your browser language, your internet service provider, your domain name, your internet protocol (IP) address, your device and mobile ad identifiers, the website that referred you to our website, the web pages you view (including the date and time you viewed them), the services or functionality you access or use (including the date and time of your access or use), and the subject of the ads you click or scroll over
• Location Information, which may include general information about the location of your device based on your IP address or GPS data
• Cookies and Similar Technologies. We and our service providers may use "cookies" and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our Services. For instance, we may use session cookies (which expire once you close your browser) or persistent cookies (which stay on your mobile device until you delete them) to provide you with a more personal and interactive experience on our Services
• Third-Party Analytics and Advertising. We use third parties' analytic and tracking tools to better understand who is using the Services, how people are using the Services, how to improve the effectiveness of the Services and its Content, and to help those third parties serve more targeted advertising to you across the Internet or help us serve more targeted advertising to you
• Artificial Intelligence. As described further in the Terms of Use, we incorporate generative artificial intelligence programs into our Services that automatically collect and process medical documentation and respond to prompts from you. Our artificial intelligence communications and processing will be stored in accordance with our record retention policy and applicable Business Associate Agreements
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari). By blocking any or all cookies, you may not have access to certain features or offerings of the Services.
Information We Collect From Third Parties
In some cases, we may receive information from third parties such as your other health care providers, health plans, pharmacy benefit managers or employer group plans.
When you interact with our social media pages, such as by "liking" our page or posting comments or replies to our content, we may collect certain information about you, consistent with your privacy settings on that platform. We also may collect publicly available data, such as from social media sites. If you do not wish for us to collect information from these third parties, please do not interact with us via third-party platforms.
3. How We Use Your Information
AI Technology
We may incorporate AI Technology into our Services. Our service providers include our third-party Large Language Model (“LLM”) partner that powers our AI health assistant related feature in our Services. AI health assistant creates an experience in the Services by combining your data with the Services to deliver this experience. If you decide to use this feature, please note that the feature leverages third-party AI technology provided by our LLM partner. This technology is trained on real-world data to generate intelligent and personalized responses in conversations with users. Responses are based on your requests and relevant information collected through your data collected through the service. We and our LLM partners may use your data for the purpose of generating responses to your chats improving the quality of our AI models and responses, and personalizing the AI Technology so it can better meet your preferences. We may retain the history of your conversations with the AI health assistant to ensure you continue to have access to previous conversations while using the feature.
We may also use your information for the following purposes:
• Improving the quality of our AI models and responses
• Ensuring compliance with medical documentation standards
• Training and improving our AI models (only using de-identified data in accordance with HIPAA)
• Maintaining audit trails of AI-assisted documentation
We may also use your information for the following purposes:
• To provide, operate, administer, and troubleshoot the Services to you
• To process payments for Services that you purchased
• To respond to your inquiries, including through third-party platforms
• To provide information on products and services you request
• To analyze usage patterns and performance of our Services
• To market our Services to you, including updates about new features and capabilities
• To conduct internal research, reporting, and data analytics
• To enable third parties or agents to help RealDocAI maintain the Services
• To comply with applicable laws and regulations, including HIPAA
• To protect or defend RealDocAI's legal rights or property
• To enforce our Terms of Service and Business Associate Agreements
• For other disclosed purposes to which you consent
• As required or permitted by law
We may aggregate and/or de-identify any information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes and to improve users' experience on the Services, and may also disclose such data to any third parties, provided that such use and disclosure is in compliance with applicable law, including HIPAA.
4. How We Disclose Information to Third Parties
We may disclose information that we collect or you provide to contractors, service providers and other third parties who have agreed to comply with this Privacy Policy and applicable law, including HIPAA. These third parties assist us in:
• Providing our AI-powered medical documentation services
• Processing payments
• Analyzing usage of our Services
• Maintaining and improving our Services
• Marketing our Services
We may also disclose your information:
• To our subsidiaries and affiliates
• To a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale
• To comply with any court order, law, or legal process
• To enforce our Terms of Service or Business Associate Agreements
• If we believe disclosure is necessary to protect the rights, property, or safety of RealDocAI, our users, or others
5. Online Analytics and Advertising
Online Analytics
We may use third-party web analytics services on our Services, such as those of Google Analytics. These vendors help us analyze how users use the Services, including by noting the third-party website from which you arrive. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.
6. Your Data Rights and Choices
Marketing Communications
If you would like to opt out of email marketing, notify us at [email protected] or follow the unsubscribe instructions in the email. Please note that even if you opt-out of marketing-related communications, we may still send you important administrative and transactional messages.
Rights Regarding Your Information
Depending on your jurisdiction, you may have the right to:
• Request information about the personal information we collect about you
• Access or receive a copy of your personal information
• Correct or update your personal information
• Request deletion of certain personal information
• Restrict or object to certain uses of your information
• Opt out of certain data processing activities
To exercise any of these rights, you can email us at [email protected]. We will not discriminate against you for exercising these rights.
7. Information Security
We implement appropriate technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of your information, including protected health information, in accordance with HIPAA and other applicable laws. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to protect your information, we cannot guarantee its absolute security.
8. Data Retention
We retain your information for as long as needed to provide our Services and comply with our legal obligations, including those under HIPAA and our Business Associate Agreements. When disposing of protected health information, we follow HIPAA requirements for secure disposal.
9. Children's Privacy
Our Services are not intended for use by children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.
10. Changes
We may update this Privacy Policy from time to time. When we make material changes, we will post the updated Privacy Policy on this page with a new effective date. Your continued use of our Services after we make changes indicates your acceptance of those changes.
11. Contact Us
If you have questions about this Privacy Policy or our privacy practices, please contact us at:
Email: [email protected]
© 2025 RealDocAI
Telehealth, which includes telemedicine, involves the use of electronic information and communications to deliver health care services to an individual when the individual is located at a different site than the provider. The services shall include the assessment, diagnosis, consultation, treatment, education, care management, and/or self-management of a patient.
I understand that telehealth services are being delivered, and hereby consent to Heather Hirsch, MD PLLC and Business Associates providing care services to me via telehealth.
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. I understand that the laws that protect privacy and the confidentiality of protected health information apply to telehealth, including telemedicine.
I understand that there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
Consent To Use and Disclose Protected Health Information For Treatment, Payment, and Health Care Operations
Section A. Individual Information:
I authorize the use and disclosure of my Protected Health Information by Heather Hirsch MD, PLLC, and by its staff and Business Associates for purposes of treatment, payment, and health care operations. The address of the above entities is: 25 Goodburlet Rd Unit #970, Henrietta NY 14467-9998
Section B. Important Information Regarding this Consent:
TOS