Terms of Use
Last Updated: August 1, 2025
1. INTRODUCTION AND AGREEMENT TO TERMS
Welcome to Hermes Health's telehealth platform. This website and its associated services (collectively, the "Service") are operated by Hermes Health Co., in partnership with Lin Health PLLC (collectively, "Hermes Health," "we," "us," or "our").
These Terms of Use ("Terms") govern your access to and use of our Service. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose information from and about you when you use our Service.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1.1 Acceptance of Terms
By accessing or using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement with Hermes Health, and that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity, you represent and warrant that you are authorized to accept these Terms on their behalf.
1.2 Changes to Terms
We may modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms and post the modified Terms on our website. We will make reasonable efforts to notify you of material changes to these Terms. Your continued use of the Service after the posting of the modified Terms constitutes your agreement to the modified Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.
2. SERVICES DESCRIPTION
2.1 Telehealth Triage Services
Hermes Health provides telehealth triage services designed to help assess whether patients require emergency room care, urgent care, or can manage their condition at home. Our Service connects users with licensed healthcare providers who can:
Evaluate symptoms and medical concerns
Provide medical advice and treatment recommendations
Help determine appropriate next steps for care
Prescribe medications when clinically appropriate
Provide follow-up care coordination
Offer health education and preventive care guidance
2.2 Not a Substitute for Emergency Services
THE SERVICE IS NOT INTENDED TO REPLACE EMERGENCY SERVICES AND IS NOT AN EMERGENCY RESPONSE SERVICE. If you are experiencing a medical emergency, call 911 immediately or go directly to the nearest emergency room. Do not attempt to access our Service if you are experiencing any of the following symptoms, which may indicate a medical emergency:
Chest pain or pressure
Difficulty breathing or shortness of breath
Severe abdominal pain
Sudden severe headache
Sudden dizziness, weakness, or changes in vision
Severe or uncontrollable bleeding
Loss of consciousness
Seizures
Severe burns or injuries
Suspected poisoning or overdose
Suicidal or homicidal thoughts
Mental Health Crisis Resources: If you are experiencing any mental health crisis or have thoughts of self-harm, please contact:
National Suicide Prevention Lifeline: 988
Crisis Text Line: Text HOME to 741741
Your local emergency services: 911
For non-emergency urgent care needs, consider:
Your primary care physician
Local urgent care centers
Nurse hotlines provided by your insurance
2.3 Limitations of Telehealth
You understand and acknowledge that:
a) Telehealth has limitations and is not the same as in-person medical care;
b) The healthcare provider cannot perform physical examinations that may be necessary for certain diagnoses and treatments;
c) Technical failures may occur during telehealth sessions;
d) Your healthcare provider may determine that telehealth is not appropriate for your condition and may recommend that you seek in-person care;
e) Not all conditions are suitable for telehealth diagnosis and treatment;
f) Prescribing controlled substances may be limited by federal and state regulations;
g) Laboratory tests, imaging, and other diagnostic procedures cannot be performed remotely;
h) Some insurance plans may not cover telehealth services;
i) Geographic restrictions may apply based on provider licensing requirements;
j) Emergency situations cannot be adequately assessed or treated via telehealth.
2.4 Provider Licensing and Geographic Limitations
Our healthcare providers are licensed in specific states
Services are only available to patients located in states where our providers are licensed
You must be physically located in an eligible state when receiving services
We may verify your location before providing services
Cross-state telehealth services are subject to applicable federal and state laws
3. USER ELIGIBILITY AND ACCOUNTS
3.1 Eligibility
You must be at least 18 years of age to create an account and use the Service. If you are under 18, you may only use the Service with the involvement of a parent or legal guardian who agrees to be bound by these Terms.
3.2 Family Plans and Minor Patients
Family plan subscribers may add eligible family members to their account
For patients under 18, parental or guardian consent is required except where state law permits minor consent
Parents/guardians may have access to their minor child's health information except in circumstances protected by state law
Emancipated minors may create their own accounts with proper documentation
3.3 Account Creation and Security
When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.4 Technology Requirements
To use our telehealth services, you must have:
A device with camera and microphone capabilities
Stable internet connection with sufficient bandwidth
Updated web browser or our mobile application
Ability to provide a private, quiet environment for consultations
3.5 Technical Support
We provide technical support to help you access our services. However, you are responsible for ensuring your technology meets our minimum requirements.
3.6 One Person Per Account
Each account may only be used by one person. If multiple people use the same account, we reserve the right to suspend or terminate the account.
4. USER RESPONSIBILITIES
4.1 Accurate Information
You agree to provide accurate, current, and complete information about yourself during registration and when using the Service. This includes your medical history, current symptoms, medications, and any other information requested by the healthcare provider. You acknowledge that providing incomplete or inaccurate information may compromise the quality of care provided.
4.2 Prohibited Conduct
You agree not to:
a) Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;
c) Interfere with or disrupt the Service or servers or networks connected to the Service;
d) Attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks;
e) Harass, threaten, or intimidate any other user of the Service;
f) Use the Service to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
g) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission;
h) Use the Service to collect or store personal data about other users without their express permission;
i) Use the Service to seek treatment for another person without their knowledge and consent unless you are the legal guardian of that person;
j) Record, reproduce, or share any part of the telehealth consultation without the express written permission of Hermes Health and the healthcare provider;
k) Use the Service to obtain medications for recreational use or in a manner not prescribed by your healthcare provider;
l) Share your account credentials with others or allow unauthorized access to your account;
m) Use the Service while under the influence of substances that may impair your ability to communicate clearly;
n) Provide false emergency information or abuse emergency protocols; o) Attempt to diagnose yourself or others using our platform;
p) Use the Service to obtain second opinions on emergency conditions requiring immediate care.
5. PRIVACY AND HIPAA
5.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy, available at [Privacy Policy URL], describes how we collect, use, and disclose information about you when you use our Service.
5.2 HIPAA Compliance
We are committed to complying with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other applicable laws regarding the privacy and security of health information. We implement appropriate technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of your protected health information (PHI).
5.3 Notice of Privacy Practices
Our Notice of Privacy Practices, available at [NPP URL], describes your rights and our obligations regarding your PHI and how we may use and disclose it.
5.4 Data Breach Notification
In the event of a breach of your protected health information, we will:
Notify you within 60 days of discovery
Provide details about what information was involved
Explain steps we are taking to address the breach
Recommend actions you can take to protect yourself
Comply with all applicable federal and state notification requirements
6. PAYMENT TERMS
6.1 Fees
The fees for our Service will be clearly disclosed to you before you receive care. You agree to pay all fees associated with the services you receive.
6.2 Insurance
We may accept certain insurance plans. It is your responsibility to verify whether your insurance covers our services before seeking care. You are responsible for any charges not covered by your insurance.
6.3 Payment Processing
We use third-party payment processors to process payments. Your use of these payment services is subject to their terms of service and privacy policies.
6.4 Subscription Plans
We offer individual and family subscription plans with recurring billing. Details of plan features, pricing, and billing cycles are available on our website.
6.5 Automatic Renewal
Subscription plans automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings or by contacting us.
6.6 Refund Policy
All fees are non-refundable except as required by law. If you cancel your subscription, you will retain access to paid services until the end of your current billing period.
6.7 Changes to Pricing
We may change our pricing with 30 days' notice. Price changes will not affect your current billing period but will apply to subsequent renewals.
7. MEDICAL DISCLAIMER
7.1 Not Medical Advice
The content on our website is for informational purposes only and is not intended as medical advice. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
7.2 No Doctor-Patient Relationship
A doctor-patient relationship is only formed when you schedule and complete a telehealth consultation with one of our providers. Simply browsing our website or reading content on it does not create a doctor-patient relationship.
8. INTELLECTUAL PROPERTY
8.1 Ownership
The Service and its original content, features, and functionality are owned by Hermes Health and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.
8.3 Restrictions
You may not:
a) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service;
b) Use any automated systems, software, or means to extract data from the Service for commercial purposes ("scraping");
c) Remove any copyright, trademark, or other proprietary notices from any portion of the Service; or
d) Mirror or frame any part of the Service without our express written consent.
9. TELEHEALTH CONSENT
9.1 Consent to Telehealth
By using our Service, you consent to receive healthcare services via telehealth. This means that your healthcare will be provided through electronic communication, information technology, or other means apart from in-person consultation.
9.2 Telehealth Risks
You acknowledge that telehealth involves potential risks, including but not limited to:
a) Information transmitted may not be sufficient to allow for appropriate medical decision-making by the healthcare provider;
b) Technical failures may delay medical evaluation or treatment;
c) Security protocols could fail, causing a breach of privacy of personal medical information; and
d) A lack of access to your complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
9.3 Rights
You have the right to:
a) Withhold or withdraw consent to telehealth services at any time without affecting your right to future care or treatment;
b) Be informed of the risks and benefits of telehealth in a language you understand;
c) Exclude any individuals from being present during your telehealth consultation; and
d) Access your medical records related to telehealth consultations as provided by law.
10. THIRD-PARTY LINKS AND CONTENT
10.1 Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by Hermes Health. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Hermes Health 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
10.2 Third-Party Content
The Service may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Hermes Health, are solely the opinions and the responsibility of the person or entity providing those materials.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
11.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
HERMES HEALTH, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HERMES HEALTH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
NOTHING IN THESE TERMS SHALL AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11.3 Exclusive Remedy
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Hermes Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
13. TERMINATION
13.1 Termination by You
You may terminate your account at any time by contacting us at [Contact Email].
13.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
13.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.4 No Refunds
Fees for services already rendered are non-refundable upon termination.
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions.
14.2 Dispute Resolution for Nevada Residents
If you are a resident of Nevada, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service, shall be resolved by binding arbitration in Las Vegas, Nevada, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.
14.3 Dispute Resolution for California Residents
If you are a resident of California, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service, shall be resolved in accordance with the California Arbitration Act (Cal. Code Civ. Proc. § 1280 et seq.), except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.
14.4 Class Action Waiver
ANY ARBITRATION OR COURT PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND HERMES HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
14.5 Small Claims Court
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.
15. CALIFORNIA CONSUMER RIGHTS
15.1 California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Hermes Health Co. and Lin Health PLLC. If you have a question or complaint regarding the Service, please contact us at [Contact Email]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15.2 California Privacy Rights
If you are a California resident, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) provide you with additional rights regarding our collection and use of your personal information. Please see our Privacy Policy for more information about these rights and how to exercise them.
16. NEVADA PRIVACY RIGHTS
16.1 Nevada Privacy Rights
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by contacting us at [Contact Email]. However, please know we do not sell data triggering that statute's opt-out requirements.
17. GENERAL PROVISIONS
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Hermes Health on the Service, shall constitute the entire agreement between you and Hermes Health concerning the Service.
17.2 Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
17.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hermes Health's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Hermes Health's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Hermes Health may assign or transfer these Terms, at its sole discretion, without restriction.
17.5 Notice
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to hello@hermeshealth.co).
17.6 Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
18. CONTACT US
If you have any questions about these Terms, please contact us at:
Hermes Health
6980 O'Bannon Drive, Ste. 200, Las Vegas, NV 89117
hello@hermeshealth.co