Terms of Service

TERMS OF SERVICE

Direct Pay Virtual Clinic

PREAMBLE AND AGREEMENT TO TERMS

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OF DIRECT PAY VIRTUAL CLINIC. BY ACCESSING OUR WEBSITE, SCHEDULING AN APPOINTMENT, OR RECEIVING HEALTHCARE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

These Terms of Service ("Agreement" or "Terms") constitute a legally binding agreement between you ("Patient," "User," or "you") and Direct Pay Virtual Clinic, operated by a board-certified Family Nurse Practitioner licensed in the State of Minnesota ("Clinic," "Provider," "we," "us," or "our"). If you do not agree to all of these Terms, you must not access or use our services.

These Terms are governed by and construed in accordance with the laws of the State of Minnesota and applicable federal law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH), Minn. Stat. Ch. 144 (Minnesota Health Records Act), Minn. Stat. Ch. 325M (Minnesota Online Privacy Protection), and the Minnesota Consumer Data Privacy Act (MCDPA).

SECTION 1: DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

•       "Clinic" means Direct Pay Virtual Clinic, its operators, providers, staff, agents, successors, and assigns.

•       "Patient" means any individual who accesses, registers for, or receives healthcare services through Direct Pay Virtual Clinic.

•       "Services" means all telehealth consultations, clinical assessments, treatment planning, prescription services, care coordination, and any related services provided by the Clinic.

•       "Website" means the Clinic's website located at directpayvirtualclinic.com and all associated subdomains, pages, and digital platforms.

•       "Protected Health Information" or "PHI" has the meaning ascribed to it under HIPAA (45 C.F.R. § 160.103).

•       "Telehealth" means the delivery of healthcare services using electronic communications technology, including audio-visual platforms, in accordance with Minn. Stat. § 62A.671 and applicable federal telehealth regulations.

•       "Direct Pay" or "Direct Primary Care" means a healthcare model in which patients pay the Clinic directly for services without insurance billing, consistent with the direct primary care model recognized under Minn. Stat. § 62J.84.

SECTION 2: NATURE AND SCOPE OF SERVICES

2.1 Services Provided

Direct Pay Virtual Clinic provides virtual primary care and urgent care consultations via secure, HIPAA-compliant telehealth technology to patients physically located within the State of Minnesota at the time of service. Services include, but are not limited to:

•       Virtual consultations for acute illness, chronic disease management, and primary care concerns

•       Clinical assessment, diagnosis, and individualized treatment planning

•       Issuance of prescriptions for medications where clinically appropriate and legally permissible

•       Orders for laboratory testing, diagnostic imaging, and specialist referrals

•       Patient education and follow-up care coordination

•       Review and interpretation of outside medical records submitted by the patient

2.2 Scope of Practice and Licensure

All clinical services are provided by a licensed Advanced Practice Registered Nurse (APRN) holding a Family Nurse Practitioner (FNP) designation, licensed by the Minnesota Board of Nursing pursuant to Minn. Stat. Ch. 148 and operating under applicable collaborative practice requirements. Our Provider is authorized to diagnose, treat, and prescribe within the scope of practice established by Minnesota law and applicable federal regulations.

The Clinic reserves the right to decline to provide services to any individual where clinical judgment, scope of practice limitations, or legal requirements so dictate.

2.3 Geographic Limitations

Telehealth services provided by Direct Pay Virtual Clinic are available only to patients who are physically located within the State of Minnesota at the time the services are rendered, in accordance with Minnesota licensure requirements and interstate telehealth regulations. If you access our services while located outside of Minnesota, you do so in violation of these Terms and applicable law, and the Clinic shall have no liability for such services.

2.4 Continuity of Care

Direct Pay Virtual Clinic is not a substitute for a primary care provider or ongoing longitudinal care relationship. While we strive to provide high-quality, continuous virtual care, patients are encouraged to maintain relationships with in-person healthcare providers for services that require physical examination, procedures, or emergency care. The Clinic will, where clinically appropriate, assist with care coordination and referrals to in-person providers.

SECTION 3: EMERGENCY CARE DISCLAIMER

DIRECT PAY VIRTUAL CLINIC IS NOT AN EMERGENCY MEDICAL SERVICE AND IS NOT EQUIPPED TO DIAGNOSE OR TREAT MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A LIFE-THREATENING OR POTENTIALLY LIFE-THREATENING MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 OR PROCEED TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT.

Medical emergencies include, without limitation: chest pain or pressure; difficulty breathing or shortness of breath; stroke symptoms including sudden numbness, confusion, trouble speaking, or severe headache; uncontrolled bleeding; loss of consciousness; severe allergic reactions (anaphylaxis); suicidal ideation with intent or plan; and any other condition posing an immediate threat to life or limb.

In the event that a telehealth consultation reveals an emergent condition, your Provider will advise you to seek immediate emergency care and may, at their discretion, contact emergency services on your behalf if they believe your life or safety is in immediate danger. By using our services, you acknowledge and accept that the Clinic cannot provide emergency medical care.

SECTION 4: DIRECT PAY MODEL AND FINANCIAL TERMS

4.1 No Insurance Billing

Direct Pay Virtual Clinic operates exclusively on a direct-pay (cash-pay) basis. We do not bill, submit claims to, or accept direct payment from any private health insurance carrier, Medicare, Medicaid, or any other third-party payer. This model is consistent with and authorized under Minn. Stat. § 62J.84 governing direct primary care agreements.

4.2 Fee Transparency and Payment

All fees for services are disclosed on our Website prior to scheduling. Payment in full is required at the time of service booking or at the time of the appointment, as specified on our Website. We accept payment by credit card, debit card, and such other methods as may be made available on our Website from time to time. All fees are stated in U.S. Dollars.

4.3 Superbill and Insurance Reimbursement

Upon written request, the Clinic may provide a superbill (itemized receipt with applicable diagnosis and procedure codes) that patients may submit to their private health insurance carrier for potential out-of-network reimbursement. The issuance of a superbill does not guarantee reimbursement by any insurance carrier. The Clinic makes no representations or warranties regarding the insurability of any services or the likelihood of reimbursement. Patients are solely responsible for determining their insurance coverage and submitting claims.

Please note that services provided by Direct Pay Virtual Clinic are generally not reimbursable by Medicare or Medicaid, and attempting to seek reimbursement from these programs may implicate federal law.

4.4 Health Savings Accounts and Flexible Spending Accounts

Fees paid to Direct Pay Virtual Clinic may be eligible for reimbursement from a Health Savings Account (HSA) or Flexible Spending Account (FSA), subject to IRS regulations and the terms of your individual account. Patients are solely responsible for determining HSA/FSA eligibility and compliance with applicable tax regulations.

4.5 No Refund Policy

Fees paid for completed telehealth consultations are generally non-refundable. If a consultation was terminated due to a technical failure attributable to the Clinic, or if the Clinic cancels an appointment, a credit or refund may be issued at the Clinic's discretion. Disputes regarding charges must be submitted in writing to the Clinic within thirty (30) days of the date of service.

4.6 Price Changes

The Clinic reserves the right to modify its fee schedule at any time. Updated fees will be posted on the Website and will apply to appointments scheduled after the effective date of such change.

SECTION 5: APPOINTMENT SCHEDULING AND CANCELLATION POLICY

5.1 Scheduling

Appointments must be scheduled in advance through the Clinic's Website or designated scheduling platform. Appointment availability is subject to provider availability and is not guaranteed. Confirmation of an appointment does not guarantee care for any specific condition or outcome.

5.2 Cancellation and Rescheduling by Patient

Patients who need to cancel or reschedule an appointment must do so at least twenty-four (24) hours prior to the scheduled appointment time through the Website or by contacting the Clinic directly. Appointments cancelled with less than twenty-four (24) hours notice or missed without notice ("no-shows") may be subject to a cancellation or no-show fee as posted on the Website. The Clinic reserves the right to waive cancellation fees at its sole discretion in cases of documented emergency or extenuating circumstances.

5.3 Cancellation or Rescheduling by Clinic

The Clinic reserves the right to cancel or reschedule appointments due to provider illness or emergency, technical failures, natural disasters, force majeure events, or other circumstances beyond the Clinic's reasonable control. In such cases, the Clinic will make reasonable efforts to notify affected patients promptly and to offer rescheduling at the earliest available time. The Clinic shall not be liable for any damages, costs, or losses arising from Clinic-initiated appointment cancellations or rescheduling.

5.4 Late Arrival

If a patient is more than ten (10) minutes late to a scheduled telehealth appointment without prior notice, the Clinic reserves the right to treat the appointment as a no-show and charge the applicable no-show fee. The Clinic will make reasonable efforts to accommodate late arrivals when schedule permits.

SECTION 6: PATIENT RESPONSIBILITIES

By using our services, you represent, warrant, and agree that you will:

1.     Provide complete, accurate, and truthful information regarding your identity, medical history, current medications, allergies, symptoms, and all other information requested by the Clinic for purposes of your care;

2.     Disclose all prior medical conditions, surgeries, hospitalizations, and relevant health information, understanding that failure to do so may affect the quality of care you receive and may pose a risk to your health;

3.     Notify the Clinic of any changes to your medical history, medications, allergies, or contact information prior to or during your appointment;

4.     Ensure that you have a functioning device with a working camera, microphone, and stable internet connection sufficient for a telehealth video consultation;

5.     Be physically located within the State of Minnesota at the time of your appointment;

6.     Be in a private, quiet location during your appointment where you can speak freely about your health concerns;

7.     Follow through with recommended treatment plans, including filling and taking prescribed medications, completing ordered laboratory or imaging studies, and attending referred specialist appointments, to the extent reasonably possible;

8.     Inform us if you are unable to follow a recommended treatment plan so that we may work with you to find an appropriate alternative;

9.     Understand and accept that telehealth has inherent limitations as compared to in-person care, and that an in-person evaluation may be necessary for certain conditions;

10.   Not record any telehealth session without the prior written consent of the Provider;

11.   Use our services only for lawful purposes and not attempt to obtain controlled substances, fraudulent prescriptions, or any other services through misrepresentation or deception.

SECTION 7: PRESCRIBING POLICY

7.1 Clinical Discretion

All prescriptions are issued solely at the clinical discretion of the Provider based on a thorough clinical assessment, review of medical history, and applicable evidence-based guidelines. The issuance of a prescription is not guaranteed as a result of any telehealth consultation.

7.2 Controlled Substances

Direct Pay Virtual Clinic does not prescribe Schedule II through Schedule V controlled substances as defined under the federal Controlled Substances Act (21 U.S.C. § 812) via telehealth. This policy is consistent with restrictions under the federal Ryan Haight Online Pharmacy Consumer Protection Act (21 U.S.C. § 831) and applicable Drug Enforcement Administration (DEA) regulations. Patients requiring controlled substances must consult with an in-person provider.

7.3 Prescription Forwarding

Prescriptions issued by the Clinic will be transmitted electronically to a pharmacy of your choice in accordance with Minnesota electronic prescribing requirements (Minn. Stat. § 152.126). Patients are responsible for ensuring that their selected pharmacy can receive electronic prescriptions and for any costs associated with filling prescriptions.

7.4 Refill Policy

Prescription refills require a follow-up consultation. The Clinic does not issue refills based solely on a patient request without a clinical encounter. Patients requiring ongoing medication management are encouraged to schedule regular follow-up appointments.

SECTION 8: DISCLAIMER OF WARRANTIES

THE SERVICES PROVIDED BY DIRECT PAY VIRTUAL CLINIC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLINIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

•       WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;

•       WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

•       WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

•       WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

No advice or information, whether oral or written, obtained from the Clinic or through our services shall create any warranty not expressly stated in these Terms. The Clinic does not warrant or guarantee any specific health outcome, treatment result, or cure.

SECTION 9: LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING MINNESOTA LAW, DIRECT PAY VIRTUAL CLINIC, ITS PROVIDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF THE CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE CLINIC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO THE CLINIC IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by the Clinic's gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable Minnesota or federal law.

SECTION 10: INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Direct Pay Virtual Clinic and its providers, officers, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any false or misleading information you provided to the Clinic; or (e) your infringement of any third-party rights.

SECTION 11: INTELLECTUAL PROPERTY

All content, materials, and information available on the Website or through the Services, including but not limited to text, graphics, logos, images, audio, video, software, and educational materials (collectively, "Content"), are the proprietary property of Direct Pay Virtual Clinic or its licensors and are protected by United States copyright law (17 U.S.C. § 101 et seq.), trademark law, and other applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Content solely for your personal, non-commercial use in connection with receiving services from the Clinic. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content without the prior written consent of the Clinic.

SECTION 12: PRIVACY AND DATA PROTECTION

The Clinic's collection, use, and disclosure of your personal information and protected health information is governed by our Privacy Policy and Notice of Privacy Practices, both of which are incorporated herein by reference and available on our Website. By using our services, you acknowledge that you have read and understand our Privacy Policy and Notice of Privacy Practices.

We comply with all applicable federal and Minnesota privacy laws, including HIPAA (45 C.F.R. Parts 160 and 164), the HITECH Act, Minn. Stat. Ch. 144 (Minnesota Health Records Act), and the Minnesota Consumer Data Privacy Act. In the event of a breach of unsecured protected health information, we will notify affected individuals in accordance with HIPAA Breach Notification requirements (45 C.F.R. §§ 164.400-164.414) and applicable state law.

SECTION 13: TELEHEALTH TECHNOLOGY AND TECHNICAL ISSUES

Direct Pay Virtual Clinic uses third-party telehealth platforms that are HIPAA-compliant and subject to Business Associate Agreements as required under 45 C.F.R. § 164.308(b). While we take reasonable steps to ensure the security and reliability of these platforms, we cannot guarantee that the technology will be free from interruptions, errors, or security vulnerabilities.

In the event of a material technical failure that prevents the completion of a telehealth consultation, the Clinic will make reasonable efforts to reschedule the appointment at no additional charge. The Clinic is not liable for any damages arising from technical failures caused by your internet service provider, device, or third-party platform outages outside of the Clinic's control.

You are responsible for ensuring that your technology meets the minimum requirements for telehealth consultations as posted on the Website, and for any costs associated with your internet connection or device.

SECTION 14: GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Minnesota.

14.2 Informal Resolution

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting the Clinic in writing at info@directpayvirtualclinic.org and providing a detailed description of your concern. The Clinic will make good-faith efforts to resolve the dispute within thirty (30) days of receipt of written notice.

14.3 Waiver of Class Action

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE CLINIC. ANY DISPUTE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Statute of Limitations

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or such shorter period as may be required by applicable law, or it shall be forever barred. Nothing in this Section limits any shorter statute of limitations that may apply under Minnesota law.

SECTION 15: MISCELLANEOUS PROVISIONS

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Notice of Privacy Practices, and Telehealth Consent Form, constitute the entire agreement between you and the Clinic with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.

15.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

The Clinic's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Clinic.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Clinic. The Clinic may assign these Terms without restriction in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

15.5 Force Majeure

The Clinic shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, governmental action, internet outages, or third-party platform failures.

15.6 Updates to These Terms

The Clinic reserves the right to modify these Terms at any time. Material changes will be posted on the Website with an updated effective date and, where required by law, communicated to patients by email or other direct means. Your continued use of the Services after such changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.

15.7 Contact Information

For questions, concerns, or notices under these Terms, please contact:

•       Direct Pay Virtual Clinic

•       Email: info@directpayvirtualclinic.org