Terms & Conditions

AMONG OTHER FUNCTIONS, THE SERVICES PROVIDED BY DONDY FACILITATE COORDINATION AND COMMUNICATION WITH HEALTHCARE PROVIDERS. HOWEVER, THEY DO NOT REPLACE THE IMPORTANCE OF YOUR EXISTING RELATIONSHIP WITH ANY PHYSICIAN. PLEASE BE AWARE THAT THESE SERVICES MAY NOT BE SUITABLE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CONTACT YOUR DOCTOR IMMEDIATELY OR DIAL YOUR LOCAL EMERGENCY NUMBER. KINDLY REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY OUTLINE IMPORTANT INFORMATION ABOUT THE SERVICES.

BY ACCESSING OR UTILIZING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITES OR ANY SERVICES OFFERED ON OR THROUGH THE SITES. THESE TERMS OF USE MAY BE SUBJECT TO REVISION AS PROVIDED HEREIN.

INTRODUCTION

“Dondy", "we," "us," or "our" are the proprietors and operators of several websites, including www.dondy.ai, www.dondy.health (collectively known as the "Websites," along with any affiliated mobile application ("App"), collectively referred to as the "Sites").

The Sites are designed to facilitate the delivery of Services to registered users. These "Services" encompass various activities, including but not limited to: (i) providing individuals with health care and wellness information ("Content"); (ii) providing individuals with pharmacy services; (iii) offering individuals access to technology-oriented tools for smoking cessation; (iv) compiling and managing health care records and information for use in health care provider appointments, communications, and pharmacy services; (v) providing administrative support for scheduling health care provider services and processing payments; and (vi) offering telecommunications support for direct access to health care providers provided by Dondy, and similar affiliated professional entities for communication, consultations, assessments, and treatment.

These terms and conditions of use ("Terms of Use") delineate your rights and obligations concerning the Sites, which you may utilize to receive Services. Your access to and utilization of the Sites is contingent upon these Terms of Use, our Privacy Policy available at augmentyourimmunity.com/privacy, and all applicable laws and regulations.

In these Terms of Use, "you" and "yours" refer to the individual using the Services. Although you may have arrived at the Sites via a website or mobile application operated or controlled by a third party, including an affiliate of Dondy, you acknowledge and agree that these Terms of Use constitute a binding agreement between you and Dondy. Failure to accept and agree to abide by these Terms of Use precludes you from accessing or using the Sites, Services, or any information or Content provided through them.

The Sites and Services are subject to ongoing development, and Dondy retains the right to review or eliminate any part of these Terms of Use at its sole discretion and without prior notice to you. It is advisable to periodically review the Terms of Use when using the Sites or Services to ascertain whether any changes have occurred. Any alterations to these Terms of Use take effect upon their posting on the Sites. Unless specified otherwise, any new Content incorporated into the Services is also governed by these Terms of Use upon its posting on the Sites. If you disagree with these Terms of Use, your sole recourse is to discontinue your use of the Sites and/or Services. Your continued use subsequent to a modification constitutes your acceptance of the revised Terms of Use.

AVAILABILITY

Certain Services may presently be accessible only to individuals situated in specific countries.

ELIGIBILITY

To qualify for Services, the following criteria must be met: You must be at least 18 years old. You must be located in a country Where We Operate (depending on the type of Services). You agree to be legally bound by and adhere to these Terms of Use. It is understood and agreed that fulfilling the aforementioned requirements does not guarantee the receipt of Services through Dondy. In addition to the above stipulations, Dondy and certain affiliated professional entities reserve the right to amend or introduce new requirements as deemed suitable at their discretion, without prior notice to you.

REQUIREMENTS FOR USE

To utilize the Sites, you must possess compatible computing and/or mobile devices, internet access, and requisite software. Charges may apply to your use of mobile services and internet connectivity.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves providing health care services via electronic communication, information technology, or other means between a health care provider and a patient who are not physically co-located. Telemedicine may encompass diagnosis, treatment, follow-up, and/or related patient education, including but not limited to: Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; Interactions between a patient and health care provider via audio, video, and/or data communications; and Utilization of output data from medical devices, sound, and video files.

The electronic systems used in the Services incorporate network and software security protocols to safeguard the privacy and security of health information and imaging data. Measures are implemented to protect data integrity against intentional or unintentional corruption. For a comprehensive overview of the risks and benefits associated with telemedicine, please refer to our Consent to Telehealth available on the Sites of Dondy. This Consent to Telehealth is incorporated herein by reference and constitutes an integral part of these Terms of Use.

PRIVACY POLICY

Dondy recognizes the importance of confidentiality and privacy concerning your health information. Please review: (1) our Privacy Policy accessible on the Sites of Dondy for details on how we may collect and utilize your personal information, and (2) the Dondy Professionals Notice of Privacy Practices relevant to Dondy and similar affiliated professional entities for insights into how these entities may use and disclose your medical information, as well as how you may access that information.

The Privacy Policy and Dondy Professionals Notice of Privacy Practices are integrated into these Terms of Use by reference and form part of these Terms of Use.

YOUR RELATIONSHIP WITH DONDY

Dondy does not deliver any medical services, whether through the Sites or Services. Rather, Dondy furnishes a technology platform for you to access a health care provider, or similar affiliated professional entities and gain access to additional information. This information may be utilized at your discretion in planning your health care and wellness.

The health and wellness resources provided via our Services are not a substitute for direct, in-person health care services in all circumstances. The decision regarding diagnosis, treatment recommendations, or both, rests with you and the health care provider. By coordinating and, in certain instances, consulting with a Dondy or affiliate health care provider through the Services, you acknowledge that you are not entering into a provider-patient relationship with Dondy.

Upon accepting the Terms of Use, you consent to Dondy, Dondy affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that neither us nor any Dondy affiliate shall be held liable for any loss, injury, or claim arising from your failure to read these communications or comply with any treatment recommendations contained therein.

CONSULTATION SERVICES

In certain instances, a health care provider associated with Dondy or its affiliates may utilize the Services to offer guidance or treatment to you. It's important to note that a health care provider consulting with you through the Services may lack the information typically obtained through an in-person examination, which could affect their assessment or treatment recommendations. Therefore, it is essential for you to provide all pertinent information and discuss any potential diagnoses and treatment options thoroughly with a health care provider to mitigate any risks associated with this limitation.

Additionally, laws in specific countries may restrict a health care provider using Dondy from prescribing certain medications without a physical examination conducted in person. By opting to use the Services, you acknowledge and accept these limitations, assuming the associated risks. Furthermore, you understand and agree that: (i) any diagnosis provided may be provisional and limited; (ii) the Services are not meant to replace comprehensive medical evaluations or in-person consultations with health care providers in all cases; (iii) a health care provider using the Services may lack critical information typically obtained through physical examinations; and (iv) the absence of a physical examination could impact the ability of the health care provider to diagnose potential conditions, diseases, or injuries. For further details regarding the health care services offered by providers utilizing the Services, please visit the Sites of Dondy.

SITE CONTENT

Unless explicitly provided by Dondy or affiliated health care organizations and providers, none of the Content available on the Sites should be considered as medical advice.

REGISTRATION AND USER ACCOUNTS

While certain sections of the Sites are accessible to all users, registration with Dondy is required to access the Services. Access to the Services is granted exclusively to users who have registered with Dondy or individuals affiliated with Dondy who have been issued accounts with usernames and passwords ("Secure Users"). As a Secure User, you agree to provide accurate, complete, and up-to-date information about yourself and to promptly update any provided information as necessary. Failure to maintain accurate information or any suspicion of such actions may result in the suspension or termination of your account and access to the Services by Dondy.

You also commit to promptly notifying Dondy of any unauthorized use of your username, password, or any breach of security related to the Services by contacting Dondy. Dondy reserves the right to take appropriate actions deemed necessary to safeguard the security of the Sites, Services, and Secure User accounts. You agree to keep your username and password confidential and to log out of your Secure User account at the end of each session. You are responsible for all activities conducted under your account and for maintaining the secrecy of your password. Should you suspect that your password has been compromised, you must change it promptly. Sharing your password with others or creating multiple accounts is prohibited.

Dondy explicitly disclaims any liability for losses or damages resulting from your failure to adhere to these provisions. You acknowledge and agree that: (1) access to some or all parts of the Sites may be unavailable for any duration or reason; and (2) Dondy shall not be held liable if any portion or the entirety of the Sites becomes inaccessible at any time.

'MOBILE OPERATING SYSTEM JAILBREAKING'

The App is intended for use solely on mobile phones running unmodified, manufacturer-approved operating systems. Utilizing the App on a mobile phone with a modified operating system could compromise security features designed to safeguard your protected health information from unauthorized disclosure. Consequently, using the App on a modified mobile phone constitutes a material breach of these Terms of Use and may compromise the confidentiality of your protected health information.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, you are granted a personal, limited, revocable, non-exclusive, and non-transferable right to access and use the Sites and Services for personal, non-commercial purposes, as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other rights are transferred to you, and all rights not expressly granted are reserved by Dondy or its licensors.

We retain the right, at our sole discretion, to refuse or suspend the use of the Sites or Services by any individual for any reason. You agree not to: (a) impersonate any person or entity or misrepresent your affiliation with any entity; (b) utilize the Sites or Services to violate any local, state, national, or international laws; (c) reverse engineer, disassemble, decompile, or translate any software or components of the Sites; (d) introduce, transmit, or propagate any virus, Trojan horse, or other harmful computer code that could damage or alter computer systems, networks, data, or our Sites; (e) infringe upon or violate any intellectual property rights or other rights of any third party in accessing or using the Sites; (f) commercially exploit the Sites, Services, or related materials; (g) utilize the Sites to develop competing products or services or for any purpose detrimental to Dondy; (h) take actions that could harm, disrupt, disable, or impair our Sites or any content; (i) attempt unauthorized access to our Sites or computer networks; (j) circumvent security measures implemented by Dondy or our service providers; (k) alter or remove any trademarks, copyrights, or other proprietary notices from our Sites or content; (l) use automated processes to copy or monitor content from our Sites for unauthorized purposes; (m) reproduce, distribute, or use any data or materials related to Dondy or third-party content from the Sites; (n) exceed the scope of permitted use of the Sites; or (o) encourage others to engage in any of the aforementioned activities.

OWNERSHIP OF SUBMITTED INFORMATION

Except for personal data submitted in accordance with our Privacy Policy (governed by HIPAA or related state-specific privacy laws), any information provided to Dondy through the Sites or Services, including data, comments, or suggestions, will be treated as non-confidential and will become the property of Dondy, affiliated professional entities, or individual health providers utilizing the Services. Dondy may use such information for various purposes, including reproduction, disclosure, and publication. Ideas or concepts shared with Dondy may be utilized for product development and marketing. By submitting information, you grant Dondy and its affiliates the right to use, reproduce, and disclose such data for service provision, research, and product development purposes.

SITE CONTENT OWNERSHIP

Dondy holds sole and exclusive ownership of all rights, titles, and interests in the Sites and their content, including information, software, text, displays, images, video, audio, design, and arrangement. You are prohibited from reproducing, distributing, modifying, creating derivative works, publicly displaying, performing, republishing, downloading, transmitting, selling, or exploiting any material on our Sites, except as permitted through the Sites under these Terms of Use. Any modifications or derivative works of the Sites or Content are owned exclusively by Dondy or its licensors. Commercial use of any part of the Sites or Content is not permitted.

TRADEMARKS

Certain names, logos, and materials displayed on the Sites may be trademarks or service marks of Dondy or its affiliates. Unauthorized use of these marks is prohibited without express written permission from Dondy. Ownership of these marks remains with Dondy or its affiliates.

LINKS TO THIRD-PARTY SITES

The Sites may include links to third-party websites operated by entities not under our control. We are not responsible for the content or products/services offered on Linked Sites. These links are provided for convenience, and their inclusion does not imply endorsement. Your use of Linked Sites is at your own risk, and we are not liable for any content, errors, or damage caused by or related to Linked Sites.

TERMINATION

These Terms of Use remain in effect as long as you use the Sites or Services. You may terminate them by discontinuing use of the Sites. Dondy may terminate or suspend your access to the Sites at any time without prior notice for any reason. Certain provisions, including Disclaimers, Limitation of Liability, Indemnification, and Governing Law, survive termination. Dondy reserves the right to maintain, delete, or destroy communications and materials posted on the Sites according to internal policies. After termination, Dondy has no obligation to provide Services except as required by law or professional obligations. You agree not to attempt to use the Services after termination and indemnify Dondy for any liability resulting from such violation.

WARRANTIES DISCLAIMER

Your use of the Sites is entirely at your own risk. The Sites and any associated services are provided "as is" and "as available”. Dondy, its affiliates, and related persons expressly disclaim all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, availability, security, accuracy, completeness, timeliness, and reliability. We do not guarantee that your use of the Sites or services will not infringe upon the rights of third parties.

To the fullest extent permitted by law, neither Dondy nor its related persons will be liable for any loss or damage resulting from your reliance on information obtained through the Sites. You are responsible for evaluating the accuracy, completeness, and usefulness of the Sites. Dondy does not guarantee uninterrupted or error-free operation of the Sites and disclaims liability for any interruption, error, loss, delay, corruption, cyber-attack, virus, hacking, or other security intrusion.

You acknowledge that any content, material, or information obtained through the Sites is used at your own risk, and you are solely responsible for any damage to your computer or mobile device or loss of data resulting from the download of such content, material, or information.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Dondy, its related persons, and licensors will not be liable to you or any party for any claims, liabilities, losses, costs, or damages under any legal or equitable theory, including but not limited to indirect, incidental, special, consequential, punitive, or exemplary damages. This includes damages for loss of revenue, profits, goodwill, use or data, service interruption, computer or mobile device damage, system failure, or personal injury arising from or related to your use of the Sites.

In the event that we cannot disclaim an implied warranty or limit liabilities under applicable law, our liability will be limited to the minimum extent permitted by such law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dondy, its affiliates, subsidiaries, directors, officers, employees, contractors, licensors, and others from and against any third-party claims, damages, expenses, and liabilities arising from your unauthorized use of the Sites, fraud, violation of law, willful misconduct, or breach of these Terms of Use.

MODIFICATIONS TO THE SITES

Dondy reserves the right to modify, temporarily or permanently discontinue, the Sites or Services at any time and for any reason, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Sites or Services.

PHARMACY SERVICES

If you're prescribed medication through our Services, you have the option to choose one of our affiliated pharmacies to deliver your prescription. By using this service, you consent to us sharing all the information you've provided, including your health records and personal details like your name, location, and demographic information, with the Pharmacy for the purpose of receiving pharmacy services.

PACKAGING AND FULFILLMENT RESTRICTIONS

If you opt to utilize the affiliated Pharmacies for dispensing prescriptions provided by healthcare professionals via our Services, you acknowledge that your medication, if approved, won't be delivered in child-resistant packaging, and it's your responsibility to ensure it's kept out of children's reach.

PAYMENT

You agree to settle all fees associated with requested services. When prompted, you'll provide your payment details, such as credit card information and any applicable promotional codes. By entering this information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the due amount. It's understood that you're accountable for all fees required for healthcare and pharmacy services, including any charged by the healthcare organization(s) or provider(s). Payments made to Dondy may encompass fees for healthcare services and/or pharmacy services, which Dondy collects on behalf of these entities. Any healthcare or pharmacy services not facilitated through our Services are not covered by the payments collected by Dondy, and you may be billed separately by the relevant healthcare providers for such services. In case your credit card expires or we, our affiliates, or our third-party payment processors are unable to process your payment, you may receive a notification requesting an alternative payment method. Neither Dondy nor the healthcare organization(s) and/or provider(s) are obligated to provide any healthcare or pharmacy services until full payment has been received and/or verified.

SPECIAL NOTICE TO HEALTHCARE BENEFICIARIES

Some healthcare programs, may not cover all healthcare expenses, including certain services and products that you or your healthcare provider deem necessary. If you are a beneficiary of such a program and it doesn't cover specific services or products provided to you, you may be responsible for their costs. Currently, healthcare programs do not typically cover the medical services or products offered through the Services by affiliated healthcare organizations or providers, especially when delivered via telemedicine and bundled treatment options. By using the Services, you acknowledge and agree to: (1) directly pay for any medical services and products received, and (2) understand that neither Dondy nor any affiliated healthcare organization or provider will bill federal or state healthcare programs for such services or products.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

Please carefully review this section as it outlines the process for resolving disputes between you and Dondy through binding individual arbitration and specifies how you can seek relief from Dondy. These Terms of Use and your use of the Sites are governed by the laws of France, without regard to conflicts of laws principles. Any dispute arising from or relating to these Terms of Use will be exclusively resolved through final and binding arbitration in France, in accordance with the local regulation. However, either party may bring claims related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief in any court of competent jurisdiction. Both parties agree that the courts in France, have exclusive jurisdiction and venue for such claims. All provisions of these Terms of Use apply to the fullest extent permitted by law. If any part of these Terms of Use is deemed unenforceable, it will be replaced with terms that best reflect the original intent, to the extent allowed by law, without affecting the validity and enforceability of the remaining provisions. Section headings are provided for convenience only and do not carry legal weight.

NO WAIVER

Dondy's failure to enforce any term or condition in these Terms of Use does not waive that term or condition, nor does it waive any other term or condition. Furthermore, Dondy's failure to assert any right or provision under these Terms of Use does not constitute a waiver of such right or provision.

NO AGENCY RELATIONSHIP

These Terms of Use, along with any Content, materials, or features of the Services, do not create a partnership, joint venture, employment, or agency relationship between you and Dondy. You are not authorized to enter into contracts on behalf of Dondy or bind Dondy in any way.

REMEDIES

You acknowledge that any violation or threatened violation of these Terms of Use by you constitutes an unlawful and unfair business practice, causing Dondy irreparable harm. Monetary damages may be adequate, and you consent to Dondy obtaining injunctive or equitable relief deemed necessary or appropriate. These remedies supplement any other remedies available at law or in equity.

ASSIGNMENT

You may not assign any rights under these Terms of Use, and any attempt to do so is void. Dondy and its affiliates may transfer all contractual rights and obligations under these Terms of Use without further consent or notification if Dondy's business is transferred to another entity through merger, asset sale, or otherwise, at their discretion.

DIGITAL MILLENNIUM COPYRIGHT ACT

Dondy retains the right to eliminate any content, material, or information accessible on or through our Sites at any time and for any reason. Additionally, Dondy adheres to the stipulations of the Digital Millennium Copyright Act ("DMCA") relevant to internet service providers (17 U.S.C. § 512, as amended) and takes action in response to clear notices alleging copyright infringement. This section outlines the procedure for filing a notification of claimed copyright infringement with Dondy. Notification of Claimed Copyright Infringement. If you have objections regarding copyrighted content or material available on or through our Sites, you can submit a notification by communicating it to Dondy.

Any notification to Dondy concerning copyright infringement under 17 U.S.C. § 512(c) must contain the following details: an electronic or physical signature of the individual authorized to act on behalf of the owner of the exclusive right being infringed; identification of the copyrighted work or other intellectual property that you assert has been infringed or, if several copyrighted works are addressed in a single notification, a representative list of such works; an identification of the content or material that you allege is infringing and its location on our Sites; information allowing Dondy to contact you, such as your address, telephone number, and/or email address; a statement from you affirming that you hold a good-faith belief that the use of the content or material you are disputing is not authorized by the copyright owner, its agent, or the law; and a signed declaration from you affirming the accuracy of the information in your notice and asserting, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.