The following terms and conditions establish a contract between you and Interactly AI (“Interactly AI,” “we,” “our,” or “us”), the company operating the website (the “Site”) and associated services and applications (collectively, the “Services”) through which you access our offerings and where these Terms of Use are posted or mentioned. These terms of use (the “Terms of Use”), along with our incorporated Privacy Policy (together, this “Agreement”) govern your use of the Services, regardless of whether you have created an account.
YOUR USE OF OR ACCESS TO THE SERVICES WE PROVIDE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT, INCLUDING THE DATA PRACTICES OUTLINED IN OUR PRIVACY POLICY, THE LIMITATIONS IN THE ACCEPTABLE USE POLICY, AND THE CONDITIONS IN THE ADDITIONAL TERMS. YOU ALSO AGREE THAT ANY DISPUTE WITH US OR CONCERNING THE SERVICES WILL BE RESOLVED IN THE STATE OF GEORGIA. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE PROHIBITED FROM USING THE SERVICES. Please understand that the Services are offered “AS IS,” without warranties. If you are using the Services on behalf of another person or organization, you confirm that you have the authority from that person or entity to consent to this Agreement on their behalf.
By using the Services, even without an Interactly AI account, you agree that Interactly AI may use and share your information as outlined in our Privacy Policy and HIPAA Authorization.
While some information ("Content") may be provided by healthcare professionals, this Content is intended only to help you receive access to care with a doctor, or other healthcare professional or organization (a "Healthcare Provider"). This Content does not establish a medical professional/patient relationship, and is not medical advice, diagnosis, treatment, or an opinion. "Content" includes all text, data, images, video, audio, suggestions, and materials available through the Services and/or Site, including responses to your questions.
We try to offer accurate Content, but we cannot guarantee or warrant the professional qualifications, expertise, quality of work, price, insurance coverage, or any other Content provided through the Services. You agree that we are not responsible for any decisions or actions you take based on this Content. Furthermore, we do not endorse or recommend any individual or entity you find through the Services.
The information you access or receive from Interactly AI, including its staff, partners, and through its Services (such as its blog, social media, emails, and advertisements), is intended only for general information, appointment scheduling, and care coordination purposes. All medical-related content is provided by independent healthcare professionals and organizations and is strictly informational.
The content is meant to be helpful in your healthcare journey, but it is not a substitute for professional medical advice, diagnosis, or treatment. You must not ignore, avoid, or delay getting medical advice from a qualified healthcare provider for any reason. Do not use these Services for medical emergencies. If you are having a medical emergency, call a healthcare professional and 911 immediately. You use this content entirely at your own risk. Nothing on this site or available through the Services should be considered, or taken as, the practice of medicine, or other professional healthcare advice, or the actual provision of medical care.
We do not endorse or recommend any particular tests, Healthcare Providers, procedures, opinions, or information found through the Services. Relying on any Content is done at your own risk. We strongly advise you to verify any relevant Content with other sources, including the Healthcare Provider’s office, relevant medical associations, state medical boards, and appropriate licensing or certification authorities to confirm credentials and education.
THE USE OF THESE SERVICES AND THE CONTENT SHARED BY MEDICAL PROFESSIONALS (INCLUDING DOCTORS, DENTISTS, AND NURSES) IS NOT INTENDED TO REPLACE PROFESSIONAL HEALTHCARE. NO PHYSICIAN-PATIENT OR OTHER LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS ESTABLISHED THROUGH YOUR USE OF THE SERVICES OR CONTENT. THIS LIMITATION APPLIES REGARDLESS OF THE SOURCE OF THE CONTENT, INCLUDING THROUGH FEATURES LIKE “FIND A DOCTOR,” THE INTERACTLY AI BLOG, SOCIAL MEDIA CHANNELS, EMAILS, TEXT MESSAGE LINKS, OR ANY ASSISTANCE WE OFFER IN LOCATING A SUITABLE HEALTHCARE PROVIDER.
While Interactly AI encourages Healthcare Providers to utilize the Services responsibly, we cannot oversee or guarantee a Healthcare Provider's availability at any specific time. Interactly AI will not be held responsible for appointments that are canceled or not fulfilled, any resulting harm, or any other injury arising from or connected to the use of the Site or Services.
Interactly AI aims to ensure that participating Healthcare Providers possess all legally required active licenses for their specialties and are not barred from Medicare/Medicaid participation. Interactly AI reserves the right to exclude providers deemed to have engaged in unprofessional or inappropriate conduct.
Some Healthcare Providers listed in the Services have a contractual relationship with us and may pay a marketing fee. We offer lists and/or profiles of Healthcare Providers to assist you in finding suitable options and to maximize provider choice. These results are generated based on information you provide (e.g., insurance, location, specialty) and may also incorporate other factors like provider availability, past ratings/selections by you or other Interactly AI users, and prior user experiences with the providers. Interactly AI wishes to emphasize that it: (a) does not endorse or recommend any specific Healthcare Providers, (b) makes no claims or guarantees regarding the providers or the quality of their care, and (c) does not accept extra fees from providers for preferential placement on lists (except for Sponsored Results, detailed below). However, if you access the Services through your employer, the lists and profile previews may also be influenced by criteria set by your employer or their agents/advisors.
For expanded choices, we may display sponsored results ("Sponsored Results") on the Site, which might appear above the main search results. Interactly AI receives additional payment from Healthcare Providers for these Sponsored Results. Displaying Sponsored Results does not constitute an endorsement or recommendation of the Healthcare Provider by Interactly AI and should not be interpreted as such.
The Services are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Interactly AI) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Healthcare Provider Content:
Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Interactly AI provides any advice or qualification certification about any particular Healthcare Provider.
Procedures/Products/Services:
The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Insurance Content:
The insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) may be intended for general reference purposes and for your convenience only. Such Insurance Content may be based on Personal Information (as defined below) you provide to us as well as Healthcare Provider Content (such as CPT codes and other encounter data). The Insurance Content is provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content can change frequently and may become out of date, incomplete or inaccurate. To make this Content as accurate as possible, you agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide). Although Interactly AI strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete or outdated Insurance Content, and you are responsible for complying with subparts (a) and (b) hereof.
Your privacy and the security of your information are our top priorities. This section explains what data we collect and why.
When you schedule an appointment via Interactly AI, we transmit your booking details to your chosen Healthcare Provider on your behalf.
Should you choose to utilize our other services, you may voluntarily share additional information with Interactly AI. Our Privacy Policy details how we handle the use, sharing, and maintenance of this voluntarily provided data, which may include, but is not limited to, your name, address, social security number, contact details, insurance information, medical history and needs, and billing information (collectively, “Personal Information”).
By submitting this information, you authorize Interactly AI, its employees, agents, and those acting on its behalf to use and/or disclose your data in accordance with our Privacy Policy. Your use of our Services signifies your agreement to the terms of the Privacy Policy, which you should review carefully.
You are responsible for your healthcare costs, even though our services are free. You must pay all usual, customary, and other fees for medical or related services provided by Healthcare Providers. Any disagreements between you and a Healthcare Provider regarding a transaction must be resolved directly with that provider.
You are solely responsible for how the Services and your Credentials are used, including use by anyone you share your Credentials with. You must use the Site and Services only for lawful, non-commercial purposes. You must not use the Site in any way that could harm or overload our servers or networks, or disrupt any other party's use of the Site or Services. You must not try to gain unauthorized access to any Services, user accounts, computer systems, or networks through hacking, password mining, or any other method. You are prohibited from collecting or cataloging, directly or indirectly, any Content or part of the Site and/or Services (including, but not limited to, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any reason.
If you are a Healthcare Provider or someone in the healthcare or medical industries, whether or not you use Interactly AI Services, you agree to the following restrictions:
Interactly AI reserves the right to introduce new features, replace existing services with alternatives, or temporarily or permanently stop providing any part of the Services at any time. Interactly AI will not be held responsible for any loss or liability resulting from the suspension or discontinuation of any Services or portion thereof. Your use of any new services will continue to be governed by this Agreement.
Certain Services may be subject to extra conditions (including policies, guidelines, and rules) that govern your use of those specific Services and supplement this main Agreement. If you decide to register for, access, or use these particular Services, you will be presented with those additional terms. By utilizing those Services, you consent to comply with such extra terms, which are considered part of this Agreement.
The Services may include links to external websites for your convenience. Please note that we do not endorse these third-party sites, their content, or the products and services they offer. You agree that we are not responsible for the content, accuracy, or any other aspect of these external websites. While we strive to link only to reliable sources, we cannot be held responsible or liable for any objectionable, unlawful, or inaccurate material found on or accessed through these third-party sites.
All content on our Services is the property of Interactly AI or our licensors and is protected by intellectual property laws. You acknowledge that the Services, including any underlying technology or software, contain proprietary information belonging to Interactly AI.
You are strictly prohibited from copying, distributing, republishing (except as explicitly allowed here), selling, or commercially exploiting any of the Content or any part of the Site or Services. Interactly AI and its suppliers reserve all rights not expressly granted to you in these terms.
As part of the Service, Interactly AI offers the option to receive information and notifications on your mobile device via SMS (Standard Message Service).
When you choose to receive these mobile messages, we will send a confirmation SMS to verify your enrollment.
We created Interactly AI to improve patients’ healthcare experience, and we want your experience with Interactly AI to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, INTERACTLY AI MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. INTERACTLY AI DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
WHILE WE’RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN EXCELLENT EXPERIENCE WITH INTERACTLY AI, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY INTERACTLY AI FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to protect us (and our employees, contractors, officers, directors, agents, parent and other affiliates) from any and all liabilities, claims, demands, and expenses, including attorney's fees, that result from or are connected to: (a) your use of the Site or Services, or (b) a breach of this Agreement (including the Terms of Use, Acceptable Use Policy, and Additional Terms), or the infringement of any intellectual property or other rights of any person or entity by you or anyone using your login information (Credentials). This promise to indemnify does not cover liabilities, claims, and expenses caused by our own severe negligence or willful wrongdoing.
Your affirmative act of using the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into such agreements with us electronically.
We reserve the right to modify these Terms of Use and the other documents that form the Agreement at any time, at our reasonable discretion. When we make changes, we will post the revised terms on the Site and may also try to notify you through other means. Your continued use of the Site and/or Services after such changes are posted indicates your explicit acceptance of the modified Terms of Use or other applicable Agreement document and your agreement to be bound by them. We recommend that you check these Terms of Use and the Agreement regularly. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE AGREEMENT AT ANY POINT, INCLUDING AFTER ANY MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITE AND THE SERVICES.
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
We hope that we can work out any disagreements you might have with Interactly AI. But if there is a dispute that needs to be further resolved, that process will take place according to this section. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Georgia as applied to contracts made and to be performed entirely within Georgia, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, the Acceptable Use Policy and the Additional Terms, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Interactly AI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these Terms of Use, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services or the Site.