Terms of Use

Effective Date: June 28, 2024

These Terms of Use ("Terms") govern your use of the American Well Corporation ("Amwell," "we," "us," or "our") website and any other website or online service that Amwell or one of its affiliates operates and that links to these Terms (collectively, the "Services").

Companies such as hospitals, healthcare providers including primary care practitioners, specialists, and/or subspecialists (“Providers”), employers, and others (collectively, “Customers”) engage Amwell to provide the Services on their behalf to users. User refers to an individual end user of the Services, who may be a patient of a healthcare provider, an employee or other staff or workforce member of an employer, or any other individual user for whom the Services are being provided.

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

Table of contents

General Terms

1. Privacy
2. Important information about your use of the services
3. Account enrollment (if applicable)
4. Prohibited conduct
5. Intellectual property rights
6. Service credential security
7. Website and third-party content
8. Consent to services
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
10. Indemnification
11. Choice of law and forum; Contracting entity
12. Miscellaneous
13. Termination

Contact information

Telehealth Services Terms 

A.1. Important information about your use of the Telehealth Services

A.2. Account enrollment

A.3. Payment authorization

A.4. Consent to services

A.5. Consent for treatment performed 

Legal notices

Automated Care Services Terms

B.1. Access To And Use Of Information From Your Chat Sessions

B.2 Use of Automated Care Services

SilverCloud Services Terms

General Terms

These General Terms apply to all Services. Terms applicable to specific services (Telehealth, Automated Care, SilverCloud) are addressed in their respective sections below.

1. Privacy

By using the Services, you acknowledge that you understand and agree with our processing your information consistent with our Privacy Policy (https://business.amwell.com/privacy-policy).

2. Important information about your use of the services

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY INCLUDING A MENTAL HEALTH EMERGENCY, CALL 9-1-1 OR THE APPROPRIATE NATIONAL MEDICAL EMERGENCY NUMBER, OR GO TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT IMMEDIATELY.

NEITHER AMWELL NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICE NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.

YOU MUST READ THE IMPORTANT INFORMATION FOR EACH SERVICE THAT YOU USE IN TEH SERVICE-SPECIFIC SECTIONS BELOW.

The content on the Services should not be considered medical advice, other than information received directly by you from Providers. The content on the Services should not be used as a substitute for patient-specific treatment provided by a qualified healthcare professional, should not be relied on as health or personal advice, and it is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for your own health professional's advice. The provision of content on the Services is in no way intended to create a patient to health care provider relationship between you and Amwell.

You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. AMWELL DOES NOT REPRESENT OR WARRANT THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. Amwell does not recommend or endorse any specific tests, providers, medications, products, or procedures.

Use of the Services requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.

3. Account enrollment (if applicable)

In some cases, account enrollment is necessary to access Services. To access such Services you must first establish an individual user account ("Account") by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of accounts established for minor children of whom you are a parent or persons of whom you are a legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

Where applicable in your jurisdiction, you represent and warrant that you possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or person of whom you are a legal guardian, to agree to these Terms.

Telehealth Services are also subject to Telehealth Services Terms, section A.2. Account enrollment below.

4. Prohibited conduct

You may not access or use, or attempt to access or use, the Services to take any action that is likely to (1) cause harm, offense or nuisance to us or any third party, (2) interfere with the operation of the Services, or (3) violate any laws. For example, and without limitation, you may not:

• impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses) transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;

• provide information that is untrue, inaccurate, not current, or incomplete;

• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

• copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item;

• use the Services to send spam, surveys, or any commercial communications that are not an authorized part of the Services;

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;

• engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services;

• access the Services for the purpose of (1) copying its features, functions, designs, or content; or (2) creating a competing product or service; or

• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate, take appropriate legal action, and work with law enforcement authorities to prosecute users who violate the Terms. We may also suspend or terminate your access to the Services for any or no reason at any time without notice. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different Account.)

5. Intellectual property rights

The Services are protected under the copyright laws of the United States, UK, EU and other countries. All copyrights in the Services are owned by us or our third-party licensors to the fullest extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Amwell or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Amwell, its affiliates, or any third party.

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platforms, except as follows:

• Your device may temporarily store or cache such materials incidental to your accessing those materials.

• You may print or download one copy of a reasonable number of pages of the Services, including your patient record, for your own personal, non-commercial use.

• If we provide summaries, worksheets, or other documents for download, you may download a single copy for your own personal, non-commercial use.

• If we provide desktop, mobile, or other applications for download, you may download a copy to your device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.

• Use any images, video or audio separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms you must, at our option, return or destroy any copies of the materials you have made.

Subject to the arrangements set out in our Privacy Policy, in respect of all content or material that you submit via the Services or otherwise, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and you confirm that you have obtained the consent of any individual identified in such material to the submission of the material via the Services or otherwise.

6. Service credential security

You are solely responsible for the security of your credentials for the Services—such as username and password, unique access token, or multi-factor authentication (MFA) key—and for any use of the Services using your credentials. You should not share your credentials with any third party or allow any third party to access the Services using your credentials. You agree to notify us immediately if you have any reason to believe that your credentials have been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your credentials at any time.

7. Website and third-party content

The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.

8. Consent to services

Amwell respects and upholds patient confidentiality and privacy. With respect to protected health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, express patient consent will be obtained prior to sharing any PHI to a third party for purposes other than treatment, payment or health care operations. With respect to personal data concerning health as defined by the General Data Protection Regulation (“GDPR”) any sharing of such data, subject to GDPR, will happen only with express patient consent or another lawful basis.

Communications. By using the Services you consent to receiving customer support, account-related, or transactional communications by telephone, text, email, or postal mail from us or the Customer with whom you are associated.

Communications via Texting/SMS. By giving Amwell or the Customer your mobile phone number, you are agreeing to receive text messages from Amwell or our service providers including invitations and other communications. Message frequency varies; you may receive multiple messages per day. You acknowledge that message and data rates charged by your wireless carrier may apply and that you will be responsible for any associated costs. You may reply STOP at any time to stop getting future text messages. You may reply HELP for help or chat support.

Amwell uses SMS short code for certain notifications and reminders. Please reference this page for more details: https://business.amwell.com/app-support/amwell-enhanced-notification-short-code-program/

Communications via Email. By using the Services you are agreeing to receive email messages from Amwell or our affiliates and business partners that include invitations and other communications. You may unsubscribe from such future emails at any time by selecting the “unsubscribe” link in the email. You may also contact our Customer Support team at customer.support@amwell.com.

By agreeing to use the Services, which involve sending you invitations and other communications by ordinary email or text messages, as applicable, you are indicating that you understand that ordinary email or text may not be secure, and you nonetheless want to receive your invitations and other communications via ordinary email or text messages. We do not include any sensitive details about your health in the invitations that we send by email or text. Instead, your email or text invitation will take you to a dedicated website or app to access the Services.  

9.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (“AMWELL PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM, OR TROJAN HORSE, LOSS OF DATA, OR USE, MISUSE, RELIANCE, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE AMWELL PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AMWELL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CUSTOMER AND YOU AND BETWEEN AMWELL AND YOU, AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

YOU ACKNOWLEDGE AND AGREE THAT AMWELL IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT AMWELL IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES. AMWELL, ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.

Whilst we endeavour to ensure that the Services are normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or media players due to technical problems or traffic congestion on the internet or on the Services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation in connection with the Services. You acknowledge that access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will use reasonable endeavours to correct any errors or omissions as soon as practicable according to severity.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS,

CUSTOMERS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST, AND YOU MAY NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

11. Choice of law and forum; Contracting entity

11.1 Choice of law and forum

Unless otherwise specified in service-specific terms below, you agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the applicable state or country identified below without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved the applicable courts identified below, unless agreed upon by all parties.

Notwithstanding the above, you agree that your access to and use of the Telehealth Services will be governed by and will be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Telehealth Services must be resolved by a federal district court located in Boston, Massachusetts, unless agreed upon by all parties.

11.2 Contracting entity

Unless otherwise specified in service-specific terms below, you are entering into these Terms with the Amwell entity identified below.

Notwithstanding the above, when you access and use the Telehealth Services you are entering into these Terms with American Well Corporation, a Delaware corporation, with a place of business at 75 State Street, 26th Floor, Boston, MA 02109.

11.3 Waiver of Trial by Jury

YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY.

12. Miscellaneous

These Terms, including our Privacy Policy incorporated herein, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

You may not assign or transfer these Terms, by operation of law or otherwise, without Amwell’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Amwell may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Headings in these Terms are solely for convenience.

Any notices or other communications provided by Amwell under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by email or text, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Amwell. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

Amwell shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.

Nothing in these Terms or the Privacy Policy shall be deemed to confer any third-party rights or benefits.

13. Termination

We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with the Customer or upon the request of the Customer. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “Important Information About Your Use of the Services,” “Intellectual Property Rights,” “Website and Third-Party Content,” “Termination,” “Disclaimer Of Warranties; Limitation Of Liability,” “Miscellaneous,” and any provisions that, by their nature, should survive termination.

We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Services. When a breach of these Terms has occurred, we may take such action as we deem to be appropriate, including suspending or terminating your use of the Services.

Contact information

If you have any questions about these Terms or feedback, comments, complaints and suggestions for improvements to the Services, please contact Amwell. For contact details please see https://business.amwell.com/contact-us.

Telehealth Services Terms

Amwell may provide access to telemedicine or other telehealth services (“Telehealth Services”).

The Telehealth Services are intended for use by residents of the United States. We do not intentionally provide access to the Telehealth Services to individuals located outside the United States.

A.1. Important information about your use of the Telehealth Services

Amwell does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself. All of the Providers are independent of Amwell and using the Services solely to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from Amwell. Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Amwell does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services.

You hereby certify that you are physically located in the State or other jurisdiction you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you. IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY AMWELL AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.

You hereby certify that you are not a fee-for-service Medicare or Medicaid beneficiary. If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, Amwell reserves the right to terminate all current or future use of the Services by you.

A.2. Account enrollment

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or person of whom you are a legal guardian, to agree to these Terms.

Where you establish a subaccount on behalf of a minor child of whom you are a parent or persons of whom you are a legal guardian, you acknowledge and agree that your child’s or ward’s healthcare information including communications with providers may be made available to your child’s or ward’s other parent(s) or legal guardian(s).

To the extent that you are the proxy to a dependent minor and they have or will transition from a dependent minor to an adult/an emancipated minor or you live in a state where a dependent minor’s consent is required, you hereby agree to provide them with notice that their continued use of the Services under your patient account constitutes their consent to grant you with access to their medical records via the Services. In accordance with applicable state law, we reserve the right to honor any such request we receive from a dependent minor should they choose to discontinue sharing their records. Dependent minors may terminate their proxy’s access to medical records by reaching out to our Customer Support team. From the U.S. call 888-982-7956.

If you are an emancipated minor seeking care, please reach out to our Customer Support team. From the U.S. call 888-982-7956. Emancipated minors or a minor in need of confidential medical treatment, you are advised to seek in person care rather than a telehealth consultation.

A.3. Payment authorization

If you are required to pay for your use of the Services, then these payment authorization terms apply.

By providing a credit card or other payment method accepted by Amwell ("Payment Method"), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Please note that Amwell may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay (or excess payment) due from you for your consultation. As such, you may be billed more than once with respect to a consultation to account for additional amounts due, if any. If you choose not to enter your health plan billing details, you are electing to be seen as self-pay, thereby waiving health plan claim submission.

You agree that authorization to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Amwell of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan.

You acknowledge and agree that fees for consultations may increase at any time.

You acknowledge that the origination of ACH transactions (or SEPA, BACS, or similar transactions) to your account must comply with applicable provisions of law. In the case of a transaction rejected for insufficient funds, Amwell may at its discretion attempt to process the charge again at any time within 30 days.

A.4. Consent to services

In addition to the consent given in Section 8 “Consent to services” above, by clicking the "AGREE" button you are authorizing Providers to release your contact information to Amwell solely in order for Amwell to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at privacy@amwell.com.

You may download a copy of your medical records directly from the platform or by contacting our Customer Support team at customer.support@amwell.com or, in the U.S., 1-800-317-5656.

A.5. Consent for treatment performed

We are providing this information on behalf of Providers:

Telemedicine involves the use of communications to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).

The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. At the end of each encounter, the patient will be provided an encounter summary, which may be kept for the patient's records and may be shared with the patient's local primary care or other provider, as appropriate.

Anticipated Benefits of Telemedicine

• Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.
• More efficient medical evaluation and management.

Possible Risks of Telemedicine

As with any medical procedure, there are potential risks associated with the use of telemedicine. Provider believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

• Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
• Security protocols could fail, causing a breach of privacy of personal medical information.
• Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms, you acknowledge that you understand and agree with the following:

1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA Notice which explains these issues in greater detail.
2. I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other jurisdictions, including out of state.
3. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
4. I understand that my healthcare information may be shared with others (including health care providers and health insurers) for treatment, payment, and healthcare operations purposes. Psychotherapy notes may be maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me. If I obtain psychotherapy from Provider, I understand that my therapist has the right to limit the information provided to me if in my therapist's professional judgment sharing the information with me would be harmful to me.
5. Where I use telemedicine on behalf of a minor child of whom I am a parent or legal guardian, I understand that my child’s healthcare information including communications with providers may be made available to my child’s other parent(s) or legal guardian(s).
6. I further understand that my healthcare information may be shared in the following circumstances:

a. When a valid court order is issued for medical records.

b. Reporting suspected abuse, neglect, or domestic violence.

c. Preventing or reducing a serious threat to anyone's health or safety.

Patient Consent to the Use of Telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

Legal notices

AMERICAN MEDICAL ASSOCIATION END USER AGREEMENT

(a) By using the Services you acknowledge and agree that the Current Procedural Terminology (CPT®) (the "Licensed Content") is copyrighted by the American Medical Association (AMA) and is a registered trademark of the AMA.

(b) Amwell, as party to a license agreement with the AMA, is authorized to grant, and hereby grants, you a limited, non-exclusive, non-transferable, non-sublicensable license for you to use the Licensed Content solely in conjunction with your use of the Services within the United States. This license will automatically terminate upon termination of the license agreement between Amwell and AMA, unless prior written consent of AMA is obtained by Amwell or you and the AMA enter into a direct license.

(c) The provision of updated Licensed Content in the Services is dependent on a continuing contractual relationship between Amwell and the AMA.

(d) You are prohibited from making Licensed Content publicly available, creating derivative works (including translating), transferring, selling, leasing, licensing, or otherwise making available to any unauthorized part the Services, or a copy or portion of Licensed Content.

(e) Use of the Licensed Content is at your sole risk and the Licensed Content is provided "as is" without warranty of any kind. The AMA does not directly or indirectly practice medicine or dispense medical services. Fee schedules, relative value unites, conversion factors and/or related components are note assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The Licensed Content does not replace the AMA's Current Procedural Terminology book or other appropriate coding authority. The coding information contained in the Licensed Content should be used only as a guide.

(f) Amwell shall keep records of your use of the Licensed Content via the Services and will submit reports including information necessary for the calculation of royalties payable to the AMA by Amwell. All records and reports required under this Section shall be subject to audit by the AMA.

(g) Notice to U.S. Government end users: CPT® is commercial technical data, which was developed exclusively at private expense by the AMA, 330 North Wabash Avenue, Chicago, Illinois 60611. This agreement does not grant the Federal Government a direct license to use CPT based on FAR 52.227-14 (Data Rights - General) and DFARS 252.227-7015 (Technical Data - Commercial Items).

(h) You are responsible for ensuring that anyone with authorized access to your Services account complies with the provisions of this End User Agreement.

(i) AMA is hereby named as a third-party beneficiary of this AMA End User Agreement.

(j) You expressly consent to the release of your name to the AMA.

Copyright © 2011, The WebRTC project authors. All rights reserved. This product includes copyrightable works distributed by Google as part of the WebRTC code package which may be covered by one or more issue or pending United States patents, as more fully detailed on the License page of WebRTC's website https://webrtc.org/support/license.

If you are to see a provider while you are located in California, please be advised that medical doctors are licensed and regulated by the Medical Board of California (800-633-2322; https://www.mbc.ca.gov).

Automated Care Services Terms

Amwell may provide you products and services currently marketed as Automated Care (“Automated Care Services”).

Automated Care Services are provided by an automated system and not by a human. The system may be classified as an AI or chatbot under applicable law.

B.1. Access To And Use Of Information From Your Chat Sessions

Please note – The information you provide during your chat sessions and/or information about your use of the chat sessions will be provided to the Customer or Covered Entity that makes the Automated Care Services available to you. (“Covered Entity” has the meaning set forth in HIPAA at 45 CFR 160.103.)

On the basis of that information, the Customer may contact you and/or make decisions about you. Depending on your relationship with the Customer, these decisions could affect you in different ways. For example, if the Customer is your healthcare provider, the information you provide through the Services could affect your healthcare provider’s decisions or recommendations about your medical care.

B.2 Use of Automated Care Services

You may use the Automated Care Services only if you are authorized to use the Automated Care Services by the Customer, you are legally competent, and you are legally authorized to enter into these Terms. You must also be 16 years of age or older to enter into these Terms. If you are younger than 16 years old, your Personal Representative (usually your parent or guardian) must enter into these Terms on your behalf. (“Personal Representative” has the meaning set forth in HIPAA at 45 CFR 164.502, regardless of whether HIPAA applies to your situation.)

The Services are intended for residents of the United States. If you are not a U.S. resident and you register or submit personal information through the Services, you agree that we may collect, use, store, and disclose that information in the U.S. or any other country outside your country of residence. You understand that data protection laws outside of your jurisdiction may not be as protective as those in your jurisdiction. By providing your information to Amwell, you are consenting to the international transfer and processing of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere in the Services.

The above paragraph does not apply where the Services are explicitly provided to residents of a country other than the United States.

SilverCloud Services Terms

Amwell may provide Services through its products and solutions currently marketed as SilverCloud^® by Amwell (“SilverCloud Services”).

SilverCloud Services are governed by the General Terms.