Updated July 17, 2024
These PicnicCare Terms of Use (this “Agreement” or “Terms of Use”) set forth the terms and conditions that apply to your use of the clinical services (the “Service") provided by PicnicCare, PC (“PicnicCare”, ”we”, ”our” or “us”).
Please do NOT use the Service, including the Virtual Care Services, for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room or urgent care facility.
By using the Service, you agree to be bound by this Agreement and PicnicCare’s Privacy Policy, which is incorporated into this Agreement, as each may be amended from time to time (see “Modifications” below), whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with the Service). The term “you” or “User” refers to a Visitor or a Member, any individuals for whom you act as a parent, guardian or other legal representative. If you wish to become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not accept this Agreement and enroll to use our Service if you are not of a legal age to form a binding contract with PicnicCare. PicnicCare presumes that minors who access any information through the Service are doing so with the consent of their parent, guardian or other authorized person.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
For information about PicnicCare’s data protection practices, please read PicnicCare’s Privacy Policy. This policy explains how PicnicCare treats your personal information when you access the Site and/or use the Service.
Please refer to our HIPAA Notice of Privacy Practices to learn how PicnicCare collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, or "HIPAA").
As described more fully in the Virtual Care Consent, you give permission to PicnicCare and the clinicians it employs or contracts with (the “Providers”) to provide clinical and other health-related Services to you or an individual for whom you act as a parent, guardian or other legal representative. You may withdraw this consent by updating your account settings..
The Service that we offer is intended to provide you with a high-level analysis of your clinical treatment and diagnoses to date. In particular, the Service we provide to you may include:
You acknowledge and agree that the results of this Service may not be a complete medical record, but a truncated, edited, and revised version based on the information provided to us by you and the Disclosing Entities (as defined below). PicnicCare is under no duty to review your record to ensure its accuracy and completeness. The Service should not be used as a substitute for direct care. Do not delay or forgo seeking medical care if you have health care concerns.
PicnicCare reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any feature of the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with applicable law and our internal record retention or destruction policies.
You understand and agree that, as part of providing the Service to you, and pursuant to your authorization, certain of your health information (“Patient Information”) may be provided to PicnicCare by third-party providers with which they have patient relationships, payors, on third-party sites, including health information exchanges, and/or contractors to any such entities (collectively, “Disclosing Entities”). Disclosing Entities may include (but are not limited to) hospitals, medical facilities, pharmacies, pharmacy benefit managers, laboratories, insurance companies, or any other organization that holds health information about you. Patient Information may include (but is not limited to) diagnoses, lab test results, medications, vital signs, clinician notes, care summaries, imaging, pathology and other clinical reports, genetic information and test results, communications with my providers, health plan claims and care management records, cancer diagnosis or other cancer information, mental health or psychiatric records, sexual health/reproductive care, substance abuse records, and HIV/AIDS status or test results.
As necessary, embers may fill out and sign Health Insurance Portability and Accountability Act release authorization forms (“HIPAA Forms”) and direct PicnicCare to send such authorization to Disclosing Entities so that PicnicCare may receive such Patient Information in paper or electronic form and upload such Patient Information to your account.
PicnicCare may review the Patient Information received from Disclosing Entities, but PicnicCare is not responsible for any errors in the Patient Information resulting from such review process. PicnicCare makes no effort to review the Patient Information for any other purpose, including but not limited to accuracy, legality or non-infringement. PicnicCare is not responsible for any Patient Information provided by Disclosing Entities. If you have a question regarding the content, completeness, or accuracy of your curated medical record, you must contact your applicable health care provider, as PicnicCare is unable to modify a provider’s records.
By becoming a Member and agreeing to these Terms , you acknowledge that you are requesting PicnicCare to obtain your Patient Information and to communicate with Disclosing Entities concerning your Patient Information. The requested Patient Information may contain information that you previously asked the Disclosing Entity to withhold from further disclosure. Disclosing Entities may receive compensation for services related to providing Patient Information to PicnicCare.
You acknowledge that there may be delays in record request processing from Disclosing Entities. PicnicCare may be unable to obtain some or all of your Patient Information and cannot guarantee or assume responsibility for the completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient Information. PicnicCare is not responsible for the way in which data is displayed on the Site or through the Service. By way of example, if two Disclosing Entities use different reference ranges for Patient Information, then PicnicCare may display both those data points on the same graph using the more commonly used reference range.
Your right to use the Service is personal to you and is not transferable by you to any other person or entity. You may use the Service for your own purposes or for those of an individual for whom you are the parent, guardian, or legal representative, or for an individual who has authorized your access to the Service on their behalf.
Accurate information enables PicnicCare to provide the Service to you. You must provide true, accurate, current and complete information and may not misrepresent information (i) in your Registration Information, (ii) about your family members or Disclosing Entities, (iii) about your Patient Information maintained by Disclosing Entities, (iv) on the HIPAA Form, as applicable, and/or (v) in any PicnicCare onboarding questionnaires, documents, or other forms. In order for the Service to function effectively, you must also keep such information listed above up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be affected.
You agree that PicnicCare may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant PicnicCare a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas you provide to PicnicCare in any way. PicnicCare will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications providers. PICNICCARE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
By providing your cell phone number to PicnicCare, you are agreeing to be contacted by or on behalf of PicnicCare at the telephone number provided, including text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages, to provide you with informational, marketing, and promotional materials relating to PicnicCare’s products and services. You may opt-out of receiving text (SMS) messages from PicnicCare at any time by replying with the word STOP from the mobile device receiving the messages. You need not provide this consent in order to purchase any products or services from PicnicCare. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging.
When you use the Site or Service, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. You consent to receive communications from us electronically. By providing your e-mail address and phone number to PicnicCare, you expressly authorize PicnicCare to contact you via e-mail or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain changes made to your PicnicCare account, such as a change in your Registration Information, (iii) requests for additional Patient Information and updates to your Patient Information, (iv) questions related to retrieving your Patient Information, (vi) customer service matters and/or (vi) to let you know of changes to the Service. E-mails will be sent to the e-mail address you have provided as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are responsible for informing PicnicCare of that change. E-mails to you may include your Login ID, general information about your account, and/or certain details regarding one of your doctor visits, including, but not limited to, (i) the name of a doctor, (ii) the specialty or practice name of a doctor, (iii) the name of the procedure conducted at such visit or the type of exam and/or (iv) appointment dates. Notices and other communications will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser.
By submitting a HIPAA Form (as applicable), information, data, materials and/or other content (collectively, the “Content”) to PicnicCare through the Site and/or the Service, you are agreeing and acknowledging that PicnicCare may use that Content for the purpose of providing the Service. PicnicCare may use and store the Content in order to provide the Service to you, provided that such use and storage will be in accordance with the Privacy Policy. By submitting this Content to PicnicCare, you represent that you are entitled to submit it to PicnicCare for use for this purpose, without any obligation by PicnicCare to pay any fees or other limitations.
By using the Service, you expressly authorize PicnicCare to access your Patient Information maintained by identified Disclosing Entities, on your behalf.
You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
The Service and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws, and are and shall remain the exclusive property of PicnicCare and its licensors. Subject to your compliance with this Agreement, PicnicCare and its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and the Site. The Service and all content on the Site, remain the property of PicnicCare or its licensors and we do not transfer title to any portion of the Service to you. Any code or software code that PicnicCare creates, generates or displays in the Service is also protected and you may not copy or adapt such code.
It is PicnicCare’s policy to terminate the access of any User who repeatedly infringes copyright upon prompt notification to PicnicCare by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for PicnicCare’s Copyright Agent for notice of claims of copyright infringement is as follows: Anthony W. Raymundo, Lowenstein Sandler LLP, 390 Lytton Avenue, Palo Alto, CA 94301.
You agree that you will not:
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
solicit login information, Login IDs or personal information of another person, or access an account, belonging to someone else;
copy the Service or any part thereof;
use the Service for any commercial purpose;
use the Service for the purpose of gathering information to file a legal claim against a third-party;
attempt to breach any security or authentication measures of the Site or the Service;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PicnicCare or any other third party to protect the Service or the Site;
interfere or attempt to interfere with other Users’ or Members’ use of the Site or Services, respectively;
defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member or employee, staff or agent of PicnicCare;
do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Service in any manner;
provide any false personal information in your account, impersonate any person or entity, create more than one account, transfer your account or create an account for anyone other than yourself;
frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of PicnicCare without our express written consent;
do anything that is harmful, threatening, abusive, libelous, illegal, infringing, fraudulent, malicious or could expose PicnicCare or Users or Members to harm or liability, or that might invade another’s right or privacy; or
facilitate or encourage any violations of this Agreement.
Members participating in research receive the Service at no cost.
Prices of the Service are subject to change at any time, but changes will not affect any order that you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your Service (including any applicable taxes). In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number, expiration date, and security code, your billing address, your phone number, and/or your e-mail address. By submitting such information, you grant PicnicCare without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application accessible through the Service. This online payment processing application is provided by PicnicCare’s third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. Reference is made to the Stripe Policies for informational purposes only and the Stripe Policies are in no way incorporated into or made a part of this Agreement. PicnicCare’s relationship with Stripe is merely contractual in nature, as Stripe nothing more than a third-party vendor to PicnicCare, and is in no way subject to PicnicCare’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
THE CONTENT AND ALL SERVICES ON THE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PICNICCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PATIENT INFORMATION, CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
PICNICCARE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE PATIENT INFORMATION, CONTENT ON THE SITE OR OF THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PICNICCARE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PATIENT INFORMATION OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, AND PICNICCARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PATIENT INFORMATION STORED THEREIN.
PICNICCARE MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. WHEN YOU ACCESS A NON-PICNICCARE SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM PICNICCARE, AND THAT PICNICCARE HAS NO CONTROL OVER THE CONTENT ON THAT WEBSITE. IN ADDITION, A LINK TO A NON-PICNICCARE WEBSITE DOES NOT MEAN THAT PICNICCARE ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF THE LINKED SITE. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE OR DOWNLOAD IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.
PICNICCARE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF PICNICCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICE, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THE SERVICE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PICNICCARE TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You shall defend, indemnify and hold harmless PicnicCare and its officers, directors, shareholders, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i) any breach of this Agreement by you, (ii) your use or inability to use the Site and the Service, (iii) any Content submitted by you or (iv) your violation of applicable laws. PicnicCare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of PicnicCare.
If you want to terminate your account with PicnicCare, you may do so by closing your account for the Service.
PicnicCare may at any time, suspend or terminate your account, consistent with all applicable legal requirements:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if PicnicCare in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
immediately upon notice to the e-mail address provided by you as part of your Registration Information.
All sections which by their nature should survive the termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the termination of this Agreement.
PicnicCare may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Site or the Service after those changes are posted.
This Agreement, and your relationship with PicnicCare under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with PicnicCare, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall lie exclusively with the state or federal courts within the county of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case PicnicCare may seek such relief in any court with jurisdiction over the parties.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and PicnicCare agree that any cause of action arising out of or related to the Site or the Service or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You understand that, in return for agreement to this provision, PicnicCare is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
If the arbitration terms and conditions of this Agreement are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for San Francisco, CA.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Service and the Site are provided by PicnicCare, PC at 850 Folsom Street, San Francisco, CA 94107. If you have a question or complaint regarding the Service or the Site, please contact customer service at hello@picniccare.com. You may also contact us by writing to Tom Polakow at 850 Folsom Street, San Francisco, CA 94107. California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
PicnicCare makes no claims that the Service may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. When you access the Service outside of the United States, you acknowledge and agree that information you provide may be transferred to a jurisdiction other than your country of residence.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if PicnicCare does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which PicnicCare has the benefit of under any applicable law), this will not be taken to be a formal waiver of PicnicCare’s rights and that those rights or remedies will still be available to PicnicCare.
This Agreement represents the entire understanding and agreement between you and PicnicCare regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without PicnicCare’s prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. PicnicCare may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If there are any questions regarding PicnicCare or this Agreement, please contact PicnicCare at:
PicnicCare, PC
850 Folsom Street
San Francisco, CA 94107
E-mail: hello@picniccare.com
Phone: (415) 801-0572
This Virtual Care Consent provides PicnicCare with your consent to perform reasonable and necessary assessments, evaluations, consultations, care management and coordination, medical examinations, testing and treatment.
DO NOT USE THE SERVICES FOR EMERGENCY OR URGENT MEDICAL MATTERS
For all emergency or urgent medical matters, you should call 911 or go to the nearest emergency room or urgent care facility. You may also reach the National Suicide and Crisis Lifeline by dialing 988.
I understand that, by agreeing to the terms of this Virtual Care Consent, I give my consent to receive professional healthcare services, either via telephone or video communication, email or other electronic correspondence, or in-person, as appropriate. Professional care may include, but is not limited to, review of any information I have provided or questions I have answered prior to an examination, including medical records of prior treatment, an examination, assessment and/or consultation, management and coordination of my healthcare, and provision of, or referral to, any follow-up treatment, as needed. Professional care may be provided by a PicnicCare provider or by one of our contracted providers (each a “Healthcare Provider”).
Patient-Provider Relationship: You acknowledge that a patient-provider relationship with a Healthcare Provider within PicnicCare is established when you opt into PicnicCare provider services. This relationship begins through your active engagement in PicnicCare’s services, starting with the review of your medical records and the creation of your Health Snapshot by a Healthcare Provider. The relationship will continue to evolve through asynchronous communications regarding the reconciliation of your medication and problem lists, coordination of necessary screening services, lab draws, and other assisted interventions. Reasons a Healthcare Provider may be unable to agree to treatment include, but are not limited to, a potential patient not meeting our age requirements, being located in a state in which the provider is not licensed, being unable to establish their age and identity otherwise seeking treatment not amenable to telehealth, as described in this Consent to Virtual Care, or any other reason permitted by applicable law or professional or ethical guidelines.
I understand that my healthcare services may be provided through the use of technology when the healthcare provider is not present at my physical location, or using digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. These services may include, without limitation, the following: electronic transmission of patient medical records, medical images, or other patient data; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via text, audio, video or data communications; automated or digital tools for analysis, diagnosis, care, treatment, education or communication pertaining to healthcare or medical matters; and output data from medical devices, sound and video files. I understand that while receiving healthcare services via remote technologies offers potential benefits, there are potential risks. I acknowledge these risks and consent to the use of automated tools for analysis, diagnosis, treatment, care, education or other communication pertaining to healthcare matters.
I understand that PicnicCare is not my primary care healthcare provider, nor is PicnicCare able to treat urgent or emergent healthcare needs. I agree that if I have an urgent health or medical problem or condition or one for which PicnicCare’s services are unable to address, I will immediately contact a medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate. It is my responsibility to seek emergency help or follow-up care when recommended by my Healthcare Provider, and to consult with my primary care physician or other healthcare providers as advised during or after Treatment. Notwithstanding, for individuals who have enrolled in PicnicCare services, PicnicCare may assist with the coordination of any such follow-up care. PicnicCare holds no responsibility for the actions or omissions of my primary care physician or other healthcare providers, or for any consequences arising from my failure to seek appropriate medical treatment.
I understand that there are risks and benefits when receiving healthcare services generally. I understand that when I receive care, the risks and benefits of such care will be explained to me and I will have the opportunity to ask my Healthcare Providers questions about such risks and benefits. I understand that application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the services is at my sole discretion and risk. I acknowledge that no guarantees have been made to me regarding the result of any services provided by PicnicCare.
I authorize PicnicCare to share information pertaining to healthcare services I receive with other persons for treatment, payment and healthcare operations purposes. In addition, to the extent that I invite a family member, caregiver, or other representative to join and participate in the services I receive from PicnicCare, I authorize PicnicCare to share my personal information with such individuals.
I authorize PicnicCare to request my records from, and provide my PicnicCare records to, participants in a health information exchange, or HIE, acknowledging that each such request or disclosure shall be for treatment purposes. An HIE allows healthcare providers, in a secure manner, to share your information solely for HIPAA-permitted treatment purposes to coordinate your care, avoid duplicating care, and make more informed decisions. Sharing information through an HIE allows your providers to have a more complete picture of your medical history, which reduces the likelihood of conflicting diagnoses or treatment plans. If you do not want your information shared through the HIE, you may opt out by emailing us at the address listed below or via your account settings.
PicnicCare primarily provides services that are free of charge but reserves the right to offer paid services that I can elect to use in the future. I understand and acknowledge that PicnicCare is not paid or reimbursed for the items and services that it provides to me by managed care plans, Medicare, Medicaid or other government healthcare programs, commercial health insurance, or any other third-party payor programs and PicnicCare does not accept insurance for such services. Prior to engaging in any services with PicnicCare, I understand that I will have the opportunity to review and accept any potential charges associated with each service, if applicable. For paid services, I understand that I will be billed directly and shall be personally responsible for payment for services provided, regardless of whether I am or will be reimbursed by a managed care plan or other third-party payer. I agree to make timely payments for all healthcare services that are provided to me.
I consent to receive emails or other communications from PicnicCare pertaining to my care and my health (such as automated reminders). By replying to emails, I acknowledge that I am aware that email is not a secure method of communication, and that I agree to the risks. I also authorize PicnicCare to leave voicemail messages on the telephone number(s) that I provide to PicnicCare.
Medical doctors are licensed and regulated by the California Medical Board. For license verification or to raise a concern, visit www.mbc.ca.gov, reach out via email: licensecheck@mbc.ca.gov, or call (800) 633-2322.
For patients residing outside of California, you may address grievances with respective state authorities. Guidance on the process in your state can be found in our FAQs, or see a comprehensive directory here.
The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.
This Agreement may be amended or modified by PicnicCare at any time. If PicnicCare makes changes, we will notify you, either through the user interface on your account, in an email, or through other reasonable means. You may access the current version of this Virtual Care Consent by visiting this page. By continuing to use our Services after we post such changes, you agree to the terms of this Virtual Care Consent, as modified.
By agreeing to the terms of this Virtual Care Consent, I acknowledge that I am voluntarily seeking healthcare and consent to receive treatment from PicnicCare. I acknowledge that I am at least 18 years of age, an emancipated minor, or the parent/legal guardian of a minor under 18 years of age. I understand that the permissions granted herein shall begin on the date I agree to this Virtual Care Consent and shall remain effective until I terminate this Virtual Care Consent. I understand that I have the right to withhold or withdraw my consent at any time by updating my account settings or submitting a request in writing to hello@picniccare.com. I acknowledge that I have had the opportunity to have any questions addressed to my satisfaction. I have read this Virtual Care Consent and agree to the provisions contained above.