Last Updated: February 10, 2024
Welcome! These Terms of Service govern your access and use of matchmed.app and our MatchMed mobile application (the “Service”) operated by MatchMed, LLC (“MatchMed”, “we”, “our”, “us”). As you have just clicked our Terms of Service, please pause, grab a cup of coffee, and carefully read the following pages.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
By clicking “I Accept”, “Register”, “Continue”, or by downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, the following Terms of Service, including our Privacy Policy: matchmed.app/privacy (together, these “Terms”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
Your use of the Service, and our provision of the Service to you, constitutes an agreement by MatchMed and by you to be bound by these Terms.
You agree to receive texts or calls from or on behalf of MatchMed at the phone number you provide to us. These texts and calls will include communications regarding services you are interested in or are currently subscribed to. You understand and agree that these texts or calls may be considered telemarketing under applicable law, they may be sent using an automatic telephone dialing system or other automated technology, and your consent is not a condition of any purchase.
Class Actions
By agreeing to these Terms, you and MatchMed are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.
Our services are limited to potential employers and medical professionals lawfully capable of providing physician services in the US. Our services are also available to entities lawfully capable of hiring such physicians. In all cases, users of our Services must be above 18 and capable to agree to these Terms.
By accessing or using the Services, you warrant and represent that you are at least 18 years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms, including on behalf of the individual or entity you represent.
By creating an account on our Service, we may send you newsletters, marketing or promotional materials and other information regarding the Service and our other products and services that may be of interest to you.
We may send promotional emails to you. If you no longer wish to receive promotional emails, you can select the unsubscribe options in those messages. You may also opt out of receiving these communications by emailing us at admin@matchmed.app. Please note that, although you can opt to not receive promotional emails, we reserve the right to send you informational emails about your account, transactions you request us to process, and emails for compliance with laws and our policies (such as to process disputes).
We may send you push notifications or text messages to notify you about account updates, updates regarding features, improvements and the availability of the Services. You may use your device settings to opt out of push notifications. If you receive text messages from us, you can opt-out of receiving text messages by texting STOP from the mobile device receiving the messages. Note that opting out of notifications may impact your ability to receive immediate information about your account.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”), either monthly or annually depending on the plan.
Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel it or MatchMed does. You may cancel renewal through your account management page or by contacting customer support before the next Billing Cycle.
A valid payment method is required for subscription processing. You authorize MatchMed to charge all fees to your provided payment instruments.
If automatic billing fails, an electronic invoice will be issued and you must complete the payment manually by the deadline specified on the invoice.
MatchMed may offer a Free Trial at its sole discretion. You may be required to enter billing information to sign up.
No charges will occur until the Free Trial ends. If not canceled, your Subscription will automatically convert to a paid plan on the last day of the trial.
MatchMed reserves the right to modify or cancel the Free Trial offer at any time without notice.
MatchMed may change Subscription fees at any time. Any changes will apply at the end of your current Billing Cycle.
You will receive prior notice and may cancel your Subscription before the change becomes effective. Continued use of the Service indicates your agreement to the new fees.
Paid Subscription fees are non-refundable, except as required by law.
You may post, link, store, share, and make available certain content (“Content”) through the Service. You are solely responsible for its legality and appropriateness.
By posting, you warrant that you own the Content or have rights to it and that it doesn’t infringe on others’ rights. Posting grants us a license to use, display, modify, and distribute the Content.
We may monitor and edit user content, but we do not assume liability for it. All rights to your content remain yours.
Content on the Service belongs to MatchMed or is used with permission. It may not be copied, reused, or redistributed without prior written consent.
You may use Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MatchMed and its licensors. The Service is protected by copyright, trademark, and other intellectual property, confidentiality, security and privacy laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MatchMed.
Subject to your complete and ongoing compliance with these Terms, MatchMed grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights <b> (“Infringement”)</b> of any person or entity.
in a way that constitutes copyright infringement, please submit your claim via email to admin@matchmed.app, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at admin@matchmed.app.
You may provide us either directly at admin@matchmed.app or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service{" "} <b>(“Feedback”)</b> . You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) MatchMed may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) MatchMed is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant MatchMed and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to third party web sites or services that are not owned or controlled by MatchMed. MatchMed has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT MATCHMED SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY MATCHMED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATCHMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER MATCHMED NOR ANY PERSON ASSOCIATED WITH MATCHMED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MATCHMED NOR ANYONE ASSOCIATED WITH MATCHMED REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
MATCHMED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
HE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR EMPLOYMENT OR LABOR LAW VIOLATION, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MATCHMED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MATCHMED, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES FOR 12 MONTHS PRECEEDING THE ACTION GIVING RISE TO THE CLAIM, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AND MATCHMED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MatchMed agree otherwise, an arbitrator or presiding authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MATCHMED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply close your account or email us at admin@matchmed.app for our support to close your account.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of New York without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this page. It is your responsibility to review these Terms periodically.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by MatchMed of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MatchMed to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and MatchMed only, not with Apple Inc. <b>(“Apple”)</b> , and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Please send your feedback, comments, requests for technical support by email: admin@matchmed.app.