Terms of Use

THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENT MEDICAL

CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL

EMERGENCY , CALL YOUR DOCTOR OR 911 IMMEDIATELY .

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES

OR OUR WEBSITE.

1. INTRODUCTION

These terms of use (the “Terms”) describe your rights and responsibilities with regard to

the Tummala Health website (the “Website”) owned and operated by Tummala Health, LLC. In

these Terms, “we”, “our”, “us”, and “Tummala Health, LLC” collectively refer to Tummala Health, LLC and its subsidiaries. The terms “you” and “yours” refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

Even though you may have arrived at the Website through a website or mobile application operated or controlled by a third party, including by an affiliate of Tummala Health, LLC, you understand and agree that these Terms are entered into between you and Tummala Health, LLC. 

You also understand and agree that the Website and any services provided through these Terms, except the Health Care Services described in Section III herein, are provided by Tummala Health, LLC or a Tummala Health, LLC subsidiary.

You agree that when you use or enter the Website, you affirmatively consent to conduct

business electronically with Tummala Health, LLC and engage in health-oriented activities with

health professionals and professional entities affiliated with Tummala Health, LLC, and such

processes have the same force and effect as your written signature. You agree and consent to

Tummala Health, LLC, Tummala Health, LLC affiliates or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. You understand that you have a choice to select any health care provider and pharmacy and, when you use or enter the Website, you affirmatively choose to use the healthcare providers affiliated with Tummala Health, LLC. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Website.

1. MODIFICATION OF THE TERMS

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at

any time and for any reason, without penalty or liability to you or any third party. You should

check the Terms from time to time when you use the Website to determine if any changes have

been made. You can determine when the Terms were last revised by referring to the “Last

Modified” notation above. If you use the Website after the amended Terms have been posted,

you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

III. DESCRIPTION OF Tummala Health, LLC

You understand and agree that the Website is intended to facilitate the following services

(the “Services”): the development and gathering of health care records and information with

retention of the same for use in medical provider encounters and communications; administrative support in connection with scheduling and payment for Health Care Services; administrative support in connection with coordinating optional fulfilment and payment for diagnostic or public health screening testing, weight loss services, and prescription medications ordered or prescribed by medical providers performing Health Care Services; and telecommunications and technology support for using the Website as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

You understand that the Website gathers unique information from you to enable an

affiliated medical provider through the Health Care Services to determine whether a prescription

or a diagnostic test is indicated and appropriate for you, including applicable health information

(such as your past and present health conditions, medications, and blood pressure), diagnostic

tests, as applicable, and personal information (such as your name, location, and demographic

information) (collectively, “Your Information”). You further understand and agree that after

reviewing Your Information, the medical provider, in his or her independent professional

judgment, will determine whether to prescribe you medication, other treatment, or, alternatively,

recommend that you consult with alternative clinical resources (the “Health Care Services”).

You give us consent to send and disclose to the affiliated professional entities and their

medical providers all Your Information so that you may receive Health Care Services. Further,

you consent to our delivery of Your Information to Tummala Health, LLC affiliated and unaffiliated pharmacies, laboratories, and other testing companies as part of coordinating desired fulfilment and payment for testing, prescription medications, and medical devices recommended as part of the Health Care Services.

All medical providers who deliver Health Care Services through the Website are: (i)

independent professionals contracted or employed with affiliated professional entities that

coordinate with Tummala Health, LLC, and (ii) solely responsible for such Health Care Services

provided to you. Tummala Health, LLC does not provide any Health Care Services through the

Website and is not licensed to practice medicine. Tummala Health, LLC does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that Tummala Health, LLC is not responsible for Health Care Services, or your use of any Health Care Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage. Tummala Health, LLC does not provide clinical services. Clinical services are provided by telehealth providers and affiliated clinicians, independent entities not affiliated with Tummala Health, LLC. By requesting clinical services, you agree that your relationship to the telehealth provider groups is independent and governed by these Terms of Use and our telehealth

providers’ terms of use.

IV . ELIGIBILITY

To use the Services through the Website, the following must be true: You must be 18

years or older, or, if you are under the age of 18, you are using the Website under the supervision of a parent or guardian. You live in the United States and in a state or territory where the Services are available. You agree to be legally bound by and comply with these Terms of Use or, if you are under the age of 18, your parent or guardian has reviewed these Terms of Use and agrees to be bound by them. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet.

V . AVAILABILITY

The Services are currently available to individuals located in certain states and that list is

subject to change from time to time at the sole discretion of Tummala Health, LLC.

1. REGISTRATION, USER ACCOUNTS, AND USER DATA

Although certain parts of the Website are accessible by any individual, you are obligated

to register with Tummala Health, LLC in order to access the Services. The Services are available only to users who have registered with Tummala Health, LLC and to other persons affiliated with Tummala Health, LLC who have been granted accounts with usernames and passwords. The Website may not be accessible at any time, for any period, or for any reason, and Tummala Health, LLC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. Upon registration of an account, the Website may contain forms or fields that allow you to enter, submit or transmit to Tummala Health, LLC user information or data (“User Data”) on or through the Website. You understand and agree that, consistent with applicable law, any User Data provided by you on or through the Website may be used, copied or displayed by Tummala Health, LLC, Tummala Health, LLC may create derivative works of any such data, and Tummala Health, LLC may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.

VII. YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT

As a condition of your use of the Services through the Website, you agree to the

following:

All Your Information provided through the Website is accurate, complete and correct, and

you will accurately maintain and update any of Your Information that you have provided to

Tummala Health, LLC.

Your permission to use the Website is personal to you; the Website will be used only by

you, or you are using the Website to facilitate the Services on behalf of a minor for whom you

have legal authority to act, and your identification information is accurate and truthful. You agree

to keep confidential your username and password and that you will exit from your account at the end of each session. You are responsible for all activities that occur under your account and for

maintaining the confidentiality of your password. You are responsible for changing your

password promptly if you think it has been compromised. You may not transfer or share your

password with anyone, or create more than one account. You may not use anyone else’s account at any time. You agree to immediately notify Tummala Health, LLC of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Tummala Health, LLC at support@tummalaplayandearn.com. You may be asked to provide additional information to Tummala Health, LLC, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Health Care Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Website or any other related services.

You understand and agree that provision of Health Care Services through the Website

depends on the completeness and accuracy of Your Information. Tummala Health, LLC is unable to verify all of Your Information. Therefore, Tummala Health, LLC is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained, or Tummala Health, LLC has reasonable grounds to suspect as much, Tummala Health, LLC has the right to suspend or terminate your account and your use of the Services. In addition, Tummala Health, LLC may take any and all actions it deems necessary or reasonable to maintain the security of the Website, Services and your account.

VIII. DESIGNATED REPRESENTATIVE AND TEST RESULT ACCESS

As applicable, you designate Tummala Health, LLC as your designated representative to pick

up your prescription from the dispensing pharmacy and send your prescription to you at your

designated address. You also direct Tummala Health, LLC and its affiliates to provide you with access to any laboratory test results generated as part of the Services provided to you.

1. RESTRICTIONS ON USE

You will not use, or encourage or permit others to use, our Website except as expressly

permitted in these Terms. You will not:

1. a) Use or attempt to use the Website or the Services for any purpose that infringes,

misappropriates, or otherwise violates any intellectual property right or other right of any

third party, or that violates any applicable law or regulation, or is prohibited by these

Terms;

1. b) “Jailbreak” your mobile operating system. The Website is intended for use only on a

mobile phone that runs an unmodified manufacturer-approved operating system. Using

the Website on a mobile phone with a modified operating system may undermine security

features that are intended to protect your information from unauthorized or unintended

disclosure. You may compromise your information if you use the Website on a mobile phone that has been modified. Use of the Website on a mobile phone with a modified

operating system is a material breach of these Terms;

1. c) License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially

exploit or make available to any third party the Website or related materials in any way;

1. d) Use or access the Website to create or develop competing products or services or for any

other purpose that is to Tummala Health LLC’s detriment or commercial disadvantage;

1. e) Take any action or use the Website in any manner which could damage, destroy, disrupt,

disable, impair, overburden, interfere with, or otherwise impede or harm in any manner

our Website or any content, in whole or in part;

1. f) Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to

our Website or any computer network;

1. g) Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent

any security device, protection, or technological measure implemented by Tummala Health, LLC or any of our service providers to protect our Website;

1. h) Input, upload, transmit, distribute, or otherwise run or propagate any virus, application,

Trojan horse, or any other harmful computer code that could damage or alter a computer,

portable device, computer network, communication network, data, or our Website, or any

other system, device, or property;

1. i) Remove, delete, alter, or obscure any trademarks, specifications, warranties, or

disclaimers, or any copyright, trademark, patent, or other intellectual property or

proprietary rights notices from our Website or any content made available to you on or

through our Website;

1. j) Use any manual process or automated device to monitor or copy any content made

available on or through our Website for any unauthorized purpose except as permitted in

Section ‎‎ X;

1. k) Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise

reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as

the basis for a database or otherwise use in any form or by any means any data, text,

reports, or other materials related to Tummala Health, LLC or third-party content from the

Website; or

1. l) Encourage or enable any other individual to do any of the foregoing.

1. LICENSE AND USE

Subject to your compliance with these Terms, Tummala Health, LLC grants you a personal,

limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use

the Website and its content, solely for your personal and non-commercial use. No other right,

title, or interest in or to the Website is transferred to you, and all rights not expressly granted are

reserved by Tummala Health, LLC or its licensors. You are not permitted to reproduce, publish,

transmit, distribute, display, modify, create derivative works from, sell or participate in any sale

of, or exploit in any way, in whole or in part, any such content for commercial use.

1. DISCLAIMER; LIMITED HEALTH CARE SERVICES

The Website is structured for use specific to certain Health Care Services and is not, and

should not, be considered, or used as comprehensive medical advice, care, diagnosis or

treatment.Always seek the advice of your physician or other qualified healthcare provider with any

questions you may have regarding general personal health, medical conditions, or drugs or

medications, and before commencing or discontinuing any course of treatment, drug or

medication.

XII. TELEHEALTH CONSENT

I understand that Tummala Health, LLC separately engages telehealth companies, which are

independently owned by licensed physicians (“telehealth partners”). Tummala Health, LLC does not own these medical practices, employ or in any way supervise or control the telehealth partners rendering care. Through its technology platform, Tummala Health, LLC facilitates the provision of telehealth services but it is not itself, a source of healthcare, medical advice, or care. This Consent is effective and binding across all telehealth sessions or services rendered by the telehealth partners via Tummala Health LLC’s technology platform. Telehealth or telemedicine (the terms will be used interchangeably throughout this Consent) involves the use of electronic communications, information technology, or other means to enable a healthcare provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering health care services. Telehealth or telemedicine may be used for assessment, treatment, diagnosis, prescription, follow-up, and/or patient education. This Consent informs you concerning the treatment methods, risks, and limitations of using a telehealth platform.

1. a) Electronic Transmissions. The types of electronic transmissions that may occur using the

telehealth platform include, but are not limited to:

1. Completion, exchange, and review of relevant medical information (for example:

health records; images; output data from medical devices; sound and video files;

diagnostic and/or lab test results) between you and a healthcare provider via:

asynchronous or synchronous communications; two-way interactive audio; and/or

two-way interactive audio and video interaction;

1. Treatment recommendations by a healthcare provider based upon such review and

exchange of clinical information;

iii. Delivery of a consultation report with a diagnosis, treatment and/or prescriptions,

as deemed medically relevant;

1. Prescription refill reminders (if applicable); and/or
2. Other electronic transmissions for the purpose of rendering health care services to

you.

1. b) Recording. With this consent, the telehealth session may be recorded for quality review,

operations, training, research, and safety purposes.

1. c) Benefits. Telehealth provides an array of benefits to you, including
2. improved access to healthcare providers by allowing you to consult a provider

from your home or office; and

1. improved efficiency for access to medical evaluation and management.d) Risks. As with any medical procedure, there are potential risks associated with the use of

telemedicine. These risks may include, without limitation, the following:

1. Technical problems: digital issues such as video quality, sound quality, or

connectivity issues that may require an encounter to be rescheduled;

1. Although measures are in place to prevent a breach of privacy, security protocols

could fail, causing a breach of privacy of personal medical information; and/or

iii. Provider’s inability to conduct a hands-on physical examination of me and my

condition.

1. e) Patient Acknowledgments. I further acknowledge and understand the following:
2. If I am experiencing a medical emergency, I will be directed to dial 9-1-1

immediately and the provider is not able to connect me directly to any local

emergency services.

1. I have the right to withhold or withdraw my consent to the use of telehealth in the

course of my care at any time without affecting my right to future care or

treatment.

iii. Federal and state law requires health care providers to protect the privacy and

security of health information. I am entitled to all confidentiality protections

under applicable federal and state laws. I understand all medical reports resulting

from the telehealth visit are part of my medical record.

1. Any provider’s advice, recommendations, and/or decisions may be based on

factors not within his/her control, including incomplete or inaccurate data

provided by me. I understand that the provider only relies on information

provided by me during our telehealth encounter and that I must provide

information about my medical history, condition(s), and current or previous

medical care that is complete and accurate to the best of my ability. I also

understand that the provider may not have access to my full medical record or

information.

1. A healthcare provider will provide care consistent with the prevailing standards of

medical practice but makes no assurances or guarantees as to the results of

treatment.

1. There is no guarantee that all treatment of all patients will be effective.

vii. The laws of the state in which I am located will apply to my receipt of telehealth

services.

viii. I have the right to review and receive copies of my medical records, including all

information obtained during a telehealth interaction, subject to our standard

policies regarding request and receipt of medical records and applicable law.

1. The telehealth services are not a replacement for my primary care physician or

annual office check-ups. Should I desire to seek in-office care through other

providers, including my primary care physician, I can do so.

1. Neither Tummala Health, LLC nor the telehealth partners are online pharmacies.

However, Tummala Health, LLC does not control or supervise any prescription

decision made by a telehealth partner.

1. Any prescription obtained through the Tummala Health, LLC platform prescribed by a telehealth partner will be used only for its intended use.

xii. Neither Tummala Health, LLC nor the telehealth partners guarantee that a specific

medication will be prescribed if requested.

xiii. I hereby release and hold harmless Tummala Health, LLC and the telehealth providers

from any loss of data or information due to technical failures associated with the

telehealth/telemedicine service.

xiv. I will be given information about test(s) and treatments(s), as applicable,

including the benefits, risks, possible problems or complications, and alternate

choices for my medical care through the telehealth/telemedicine visit.

1. Failure to comply with the terms of this Consent may result in the termination of

my ability to use the telehealth services.

1. f) Consent to Email, Cellular Telephone, or Text Usage for Healthcare Communications. If

at any time I provide an email address or cellphone number at which I may be contacted,

I consent to receiving unsecure instructions and other healthcare communications at the

email or text address I have provided or Tummala Health, LLC or the telehealth partners have

obtained, at any text number forwarded, or transferred from that number. These

instructions may include, but are not limited to: follow-up instructions, educational

information, and prescription information. Note: You may opt out of these

communications at any time. The practice/clinic does not charge for this service, but

standard text messaging rates or cellular telephone minutes may apply as provided in

your wireless plan (contact your carrier for pricing plans and details).

1. g) Duration. This consent will remain fully effective until it is revoked.
2. h) Patient Consent to the Use of Telemedicine. I have read and understand the information

provided above and understand the risks and benefits of telemedicine services. By

accepting these terms, I hereby give consent to telehealth as an acceptable form of

delivering healthcare services to me and that this consent will cover any and all of my

sessions using telehealth.

XIII. PAYMENT

When you submit Your Information for Health Care Services, you agree to pay all fees

due. You will see a prompt for your payment details, such as your credit card information and

any promotional codes you may have. By entering your payment information and submitting

your request, you authorize us, our affiliates, or our third-party payment processors to charge the

amount due. If you receive a medical consultation, medical consult fees are not subject to or

eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all

sales are final. However, if you believe we have made an error in the filling of your prescription,

please message us through your Tummala Health, LLC account.

You understand and agree that you are responsible for all fees due to receive the Services,

including any fees charged by the medical providers and affiliated professional entities. Amounts

collected by Tummala Health, LLC will include fees charged by medical providers for Health Care Services. In the event that your credit card expires or Tummala Health, LLC, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Tummala Health, LLC and/or the medical provider(s) have no obligation to provide any Services unless and until full payment has been received and/or verified. Please note that professional services delivered as part of the Health Care Services are not likely to be covered by any government health care payors, and, as such, you understand that no such claims will be submitted by Tummala Health, LLC or our affiliates for coverage of the professional services.

XIV. PRIVACY

Tummala Health, LLC understands the importance of confidentiality and privacy regarding

Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Website.

1. INTELLECTUAL PROPERTY

As between Tummala Health, LLC and you, Tummala Health, LLC is the sole and exclusive

owner of all right, title and interest in and to the Website and its content, features and

functionality (including, without limitation, all information, software, text, displays, images,

video, audio, selection, arrangement and look and feel), and all intellectual property rights

therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification,

revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned

solely and exclusively by Tummala Health, LLC or its licensors, including all intellectual property

rights therein. You have permission to use the Website solely for your personal and

non-commercial use on the condition that you comply with these Terms. No other right, title or

interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.

Certain names, logos, and other materials displayed in and through the Website may

constitute trademarks, trade names, services marks or logos (“Trademarks”) of Tummala Health, LLC or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Tummala Health, LLC or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.

XVI. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Website may contain hyperlinks or references to other websites (“Linked Sites”)

operated by third parties. The Linked Sites may not be under our control; therefore, we are not

responsible for the information, products or services described thereon, or for the content of any

Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or

updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any

association with its operators. Your use of these Linked Sites is at your own risk, and we are not

liable to you in any way, either directly or indirectly, for any content, errors, damage or loss

caused by or in connection with use of or reliance on information contained in or provided to

Linked Sites.You may have arrived to the Website through a Linked Site, including a Linked Site

controlled by a parent, subsidiary or affiliate of Tummala Health, LLC. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.

XVII. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES

ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE”

BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TUMMALA HEALTH, LLC AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS,

PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED

PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY

DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,

WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY

REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,

AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE,

COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR

SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT

YOUR USE OF THE WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS

OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER TUMMALA HEALTH, LLC

NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE

CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE

WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY ,

COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE.

FURTHERMORE, TUMMALA HEALTH, LLC DOES NOT GUARANTEE THAT THE WEBSITE

WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN

OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING,

MALWARE, OR OTHER SECURITY INTRUSION, AND TUMMALA HEALTH, LLC DISCLAIMS

ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR

INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT

YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY

DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT

RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR

INFORMATION.

XVIII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW

AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER TUMMALA HEALTH, LLC NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY

FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY , WHETHER IN TORT (INCLUDING NEGLIGENCE),

CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED

TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL,

SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM

FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY

DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS,

INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE

OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH

THE WEBSITE. THIS IS TRUE EVEN IF TUMMALA HEALTH, LLC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE

TOTAL LIABILITY OF TUMMALA HEALTH, LLC AND ITS RELATED PERSONS FOR ANY

CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS

($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF

LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR

LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

XIX. INDEMNIFICATION

You agree to indemnify, defend, and hold Tummala Health, LLC and any of its Related

Persons, licensors, and suppliers harmless from and against any and all third-party claims,

demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or

related to: (i) any breach by you of these Terms, (ii) your use of material or features available on

the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable

laws, rules, or regulations.

1. MODIFICATIONS TO THE WEBSITE

Tummala Health, LLC reserves the right at any time and for any reason to modify, or

temporarily or permanently discontinue, the Website, or any portion thereof, with or without

notice. You agree that Tummala Health, LLC shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.

XXI. SUSPENSION AND TERMINATION RIGHTS

The Terms will remain in full force and effect as long as you continue to access or use the

Website. You may terminate the Terms at any time by discontinuing use of the Website. Your

permission to use the Website automatically terminates if you violate these Terms. We may

terminate or suspend any of the rights granted by these Terms and your access to our Website

with or without prior notice, at any time, and for any reason. The following provisions survive

the expiration or termination of these Terms for any reason whatsoever: Disclaimer of

Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution,

Arbitration, Class Action Waiver; and Miscellaneous.

Subject to applicable law, Tummala Health, LLC reserves the right to maintain, delete or

destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After any termination, Tummala Health, LLC will have no further obligation to provide the Services, except to the extent we are

obligated to provide you access to your health records or required to provide you with continuing

care under our applicable legal, ethical and professional obligations to you.

XXII. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS

ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND

TUMMALA HEALTH, LLC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING

INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK

RELIEF FROM TUMMALA HEALTH, LLC.

1. a) Governing Law. The Website is controlled and operated by us from the United States and

is not intended to subject us to the laws or jurisdiction of any state, country or territory

other than that of the United States. These Terms will be governed by the laws of the

State of California without regard to conflicts of law principles.

1. b) Arbitration Agreement. You and Tummala Health, LLC agree that all claims and disputes

relating in any way to your use of our Website, or arising out of or in connection with

these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by

applicable law, on an individual basis, except for disputes which can be resolved in small

claims court, any dispute in which either party seeks equitable relief for the alleged

unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or

any dispute already pending at the time you first agree to these Terms. You also agree that

any arbitration will take place in Los Angeles County, California.

1. c) Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO

APPLICABLE LAW, YOU AND TUMMALA HEALTH, LLC WAIVE ANY

CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A

TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tummala Health, LLC are instead

electing to have claims and disputes resolved by arbitration. Arbitration is the referral of

a claim or dispute to one or more persons charged with reviewing the claim or dispute

and making a final binding determination to resolve it instead of having it decided by a

judge or jury in court. Arbitration procedures are typically more limited, more efficient,

and less costly than rules applicable in court and are subject to very limited review by a

court. The arbitrator’s award shall be binding and may be entered as a judgment in any

court of competent jurisdiction.

1. d) No Class Arbitrations, Class Actions, or Representative Actions. YOU AND TUMMALA HEALTH, LLC AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF

THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON

AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND

DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT

AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER

WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY

INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND TUMMALA HEALTH, LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN

MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT

OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,

REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY

AWARD RELIEF (INCLUDING MONETARY , INJUNCTIVE, AND DECLARATORY

RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND

ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY

THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED

CANNOT AFFECT OTHER TUMMALA HEALTH, LLC USERS.

1. e) Arbitration Rules. The Federal Arbitration Act governs the interpretation and

enforcement of this dispute resolution provision. Any arbitration between you and

Tummala Health, LLC will be initiated through the American Arbitration Association

(“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA

Rules and filing forms are available at www.adr.org.

XXIII. MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with

respect to the subject matter hereof. If any provision of the Terms is found by a court of

competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor

to give effect to the parties’ intentions as reflected in the provision, and the other provisions of

the Terms shall remain in full force and effect. Headings are for reference only and in no way

define, limit, construe, or describe the scope or extent of such section. Our failure to act with

respect to any failure by you or others to comply with these Terms does not waive our right to act

with respect to subsequent or similar failures. You may not assign or transfer your rights or

obligations under these Terms without our prior written consent, and any assignment or transfer

in violation of this provision shall be null and void.

XXIV. COPYRIGHT INFRINGEMENT CLAIMS

Tummala Health, LLC reserves the right to remove any content or any other material or

information available on or through our Website, at any time, for any reason. Tummala Health, LLC otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”)

applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear

notices of alleged copyright infringement. This Section ‎ XXIV describes the procedure that

should be followed to file a notification of alleged copyright infringement with Tummala Health, LLC.

1. a) Notification of Claimed Copyright Infringement. If you have objections to copyrighted

content or material made available on or through our Website, you may submit a

notification to our Designated Agent at the following email address: support@tummalaplayandearn.com. Any notification to Tummala Health, LLC under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the

owner of the exclusive right being infringed;ii. An identification of the copyrighted work or other intellectual property that you

claim has been infringed or, if multiple copyrighted works are covered by a single

notification, a representative list of such works;

iii. An identification of the content or material that you claim is infringing and where

it is located on our Website;

1. Information sufficient for Tummala Health, LLC to contact you, such as your address,

telephone number, and/or email address;

1. A statement by you that you have a good-faith belief that the use of the content or

material of which you are complaining is not authorized by the copyright owner,

its agent, or the law; and

1. A signed statement by you that the above information in your notice is accurate

and that, under penalty of perjury, you are the copyright owner or authorized to

act on the copyright owner’s behalf.

XXV. INSURANCE OR OTHER MEDICAL COVERAGE

The provision of Health Care Services by the health professionals and professional

entities affiliated with Tummala Health, LLC are not substitutes for health insurance or other health plan coverage (such as membership in an HMO). You acknowledge that you have been advised to obtain or keep in full force your health insurance policy(ies) or plans in order to cover you and your family members for other healthcare services and/or costs. You acknowledge that neither Tummala Health, LLC or the health professionals and professional entities affiliated with Tummala Health, LLC will bill your insurer for any medical services and that Health Care Services are not intended to be covered by your insurer. It is your responsibility to submit any invoices paid for Health Care Services to any health insurance or health plan coverage provider. Tummala Health, LLC and the health professionals and professional entities affiliated with Tummala Health, LLC in no way provide any representations to you that any Health Care Services will be eligible for coverage under any insurance policy held by you.

XXVI. PATIENT BILL OF RIGHTS

Patients receiving Health Care Services by the health professionals and professional

entities affiliated with Tummala Health, LLChave certain rights as described below:

1. a) A patient has the right to be treated with courtesy and respect, with appreciation of his or

her individual dignity, and with protection of his or her need for privacy.

1. b) A patient has the right to a prompt and reasonable response to questions and requests

within the context of the Service.

1. c) A patient has the right to know who is providing medical services and who is responsible

for his or her care.

1. d) A patient has the right to know what patient support services are available, including

whether an interpreter is available if he or she does not speak English.

1. e) A patient has the right to know what rules and regulations apply to his or her conduct.
2. f) A patient has the right to be given information by the health care provider concerning

diagnosis, planned course of treatment, alternatives, risks, and prognosis.

1. g) A patient has the right to refuse any treatment provided via the Health Care Service

unless otherwise required by law.h) A patient has the right to receive a copy of a reasonably clear and understandable,

itemized bill and/or receipt and, upon request, to have the charges explained.

1. i) A patient has the right to impartial access to medical treatment or accommodations,

regardless of race, national origin, religion, handicap, or source of payment, subject to the

technical limitations of the Health Care Service.

1. j) A patient has the right to express grievances regarding any violation of his or her rights,

as stated in state law, through the grievance procedure of the health care provider which

served him or her and to the appropriate state licensing agency.

1. k) A patient is responsible for providing to the health care provider, to the best of his or her

knowledge, accurate and complete information about present complaints, past illnesses,

hospitalizations, medications, and other matters relating to his or her health.

1. l) A patient is responsible for reporting unexpected changes in his or her condition to the

health care provider.

1. m) A patient is responsible for reporting to the health care provider whether he or she

comprehends a contemplated course of action and what is expected of him or her.

1. n) A patient is responsible for following the treatment plan recommended by the health care

provider.

1. o) A patient is responsible for his or her actions if he or she refuses treatment or does not

follow the health care provider’s instructions.

XXVII. STATE SPECIFIC NOTIFICATIONS

1. a) FOR CALIFORNIA RESIDENTS
2. You or your legal representative retain the option to withhold or withdraw consent

to receive health care services via the Health Care Services at any time without

affecting your right to future care or treatment nor risking the loss or withdrawal

of any benefits to which you or your legal representative would otherwise be

entitled.

1. All existing confidentiality protections apply.

iii. All existing laws regarding patient access to medical information and copies of

medical records apply.

1. Dissemination of any of your identifiable images or information from the

telemedicine interaction to researchers or other entities shall not occur without

your consent.

1. All provisions herein, including your informed consent to receive services via the

Website are for the benefit of the treating provider as well as for your benefit.

1. Medical doctors are licensed and regulated by the Medical Board of California.

To check up on a license or to file a complaint go to www.mbc.ca.gov, email

licensecheck@mbc.ca.gov, or call (800) 632-2322.

vii. Physician assistants are licensed and regulated by the Physician Assistant Board

of California, www.pab.ca.gov or (916) 561-8780.

viii. 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 link to the federal Centers for

Medicare and Medicaid Services (CMS) Open Payments web page is provided

here for informational purposes only. The federal Physician Payments SunshineAct requires that detailed information about payment and other payments of value

worth over ten dollars ($10) from manufacturers of drugs, medical devices, and

biologics to physicians and teaching hospitals be made available to the public.

1. b) FOR CONNECTICUT, OHIO, UTAH, AND TEXAS RESIDENTS
2. If You would like the record of this visit to be forwarded to another provider,

please include the name and contact information in a message to us.

1. c) FOR FLORIDA RESIDENTS
2. Each provider is a physician licensed by the Florida Board of Medicine or the

Florida Board of Osteopathic Medicine. The provider’s hours are variable and

will be posted on the Website.

1. d) FOR GEORGIA RESIDENTS
2. The patient has the right to file a grievance with the Georgia Composite Medical

Board concerning the physician, staff, office, and treatment received. The patient

should either call the Board with such a complaint or send a written complaint to

the Board. The patient should be able to provide the physician or practice name,

the address, and the specific nature of the complaint. The Georgia Composite

Medical Board current phone number is (404) 656-3913 and the address is 2

Peachtree Street NW, 6th Floor, Atlanta, GA 30303-3465.

1. e) FOR INDIANA RESIDENTS
2. Unless your provider specifically discloses otherwise, with the exception of

charges for services delivered to patients, providers do not have any financial

interest in any information, products, or services offered through the Website.

1. You may access, supplement and amend your personal health information that

you have provided to the health care providers affiliated with Tummala Health, LLC

and you may provide feedback regarding the site and the quality of information

and services, and you may register complaints, including information regarding

filing a complaint with the Consumer Protection Division Office of the Attorney

General.

iii. Notice Concerning Complaints: You may either file a complaint online or

download the appropriate complaint form. If downloading, you must complete,

sign, print, and mail it, along with copies of all relevant supporting documentation

to: Consumer Protection Division Office of the Indiana Attorney General, 302 W.

Washington St., 5th Floor Indianapolis, IN 46204. You can also request a

complaint form by calling (800) 382-5516 or (317) 232-6330.

1. f) FOR KANSAS RESIDENTS
2. Notice to Patients: Required Signage for K.A.R. 100-22-6 Prepared by the State

Board of Healing Arts April 5, 2007. It is unlawful for any person who is not

licensed under the Kansas Healing Arts Act to open or maintain an office for the

practice of the healing arts in Kansas. Services are provided by a person who is

licensed to practice the healing arts in Kansas.ii. Questions and concerns regarding this professional practice may be directed to:

Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A,

Topeka, Kansas 66612. Phone: (785) 296-7413. Toll Free: (888) 886-7205. Fax:

(785) 368-7102. Website: www.ksbha.org.

1. g) FOR LOUISIANA RESIDENTS
2. In addition to any informed consent and right to privacy and confidentiality

pursuant to state and federal law or regulations, you shall be informed of the

relationship between your health care provider, you and the respective role of any

other health care provider with respect to the management of your care and

treatment; and you may decline to receive services and may withdraw from such

care at any time.

1. h) FOR MARYLAND RESIDENTS
2. Tummala Health, LLC verifies the identity of the individual transmitting the

communication. After the initial verification, Tummala Health, LLC will verify your

identification through the assignment and use of a unique username and password

combination and a pin number should you choose to use it. When you sign into

the Website, your username and password (and pin number, as applicable)

identify you.

1. Access to data via the Website is restricted through the use of unique usernames

and passwords. The username and password assigned to you are personal to you

and you must not share them with any other individual.

iii. Provider is hereby providing you with access to provider’s notice of privacy

practices. During the appointment, the provider will communicate with you and

respond to your questions.

1. A primary difference between telehealth and direct in-person service delivery is

the inability to have direct physical contact with you.

1. The quality of transmitted data may affect the quality of services provided by your

health care provider.

1. Changes in the environment and test conditions could be impossible to make

during delivery of the Health Care Services.

vii. Health Care Services may not be provided by correspondence only. Health Care

Services must be delivered by either audio or audio-visual devices.

1. i) FOR MINNESOTA RESIDENTS
2. Disclosures of your health records without your written consent shall be made in

accordance with state and federal law regarding privacy and confidentiality.

Examples of such disclosures include, but are not limited to, for specific public

health activities, for health oversight activities, for judicial and administrative

proceedings, for specific law enforcement purposes.

1. You have the right to access and obtain copies of your health records and other

information about you that is maintained by your health care provider. For more

specific information regarding your rights to access to health records, please refer

to the Minnesota Department of Health Notices Related to Health Records at

health.state.mn.us/facilities/notices/index.html.j) FOR OKLAHOMA RESIDENTS

1. You always retain the option to withhold or withdraw consent from obtaining

Health Care Services. If you decide that you no longer wish to obtain health care

services via the Website, it will not affect your right to future care or treatment,

nor will you risk the loss or withdrawal of any program benefits to which you

would otherwise be entitled.

1. Patient access to all medical information transmitted during a telemedicine

interaction is guaranteed by Provider and copies of this information are available

at stated costs, which shall not exceed the direct cost of providing the copies.

iii. All existing confidentiality protections apply.

1. Dissemination of any of any of your identifiable images or information from the

telemedicine interaction to researches or other entities shall not occur without

your consent.

1. k) FOR OREGON RESIDENTS
2. You have choices with respect to receiving care and treatment from your health

care provider. In this regard, you have a choice when you are referred to a facility

or other health care provider by your health care provider for a diagnostic test or

health care treatment, and may elect to receive the diagnostic test or other health

care treatment from a facility or health care provider other than the one

recommended by the health care providers affiliated with Tummala Health, LLC.

1. If You choose to have the diagnostic test, health care treatment or service at a

facility different from the one recommended by our affiliated health care

providers, you are responsible for determining the extent or limitation of coverage

for the diagnostic test, health care treatment or service at your chosen facility.

Online services used by licensees to provide care via telemedicine should provide

patients a clear mechanism to:

1. Access, supplement, and amend patient-provided personal health

information;

1. Provide feedback regarding the site and the quality of information and

services; and

1. Register complaints, including information regarding filing a complaint

with the Oregon Medical Board at

https://www.oregon.gov/omb/pages/default.aspx.

1. l) FOR TEXAS RESIDENTS
2. An additional in-person medical evaluation may be necessary to meet your needs

if the provider is unable to gather all the clinical information via the Website to

safely treat you.

1. Unless your provider specifically discloses otherwise, with the exception of

charges for Health Care Services delivered to patients, providers do not have any

financial interest in any information, products, or services offered through the

Website.

iii. The response time for emails, electronic messages and other communications can

be found on the Website.iv. NOTICE CONCERNING COMPLAINTS

1. Complaints about physicians, as well as other licensees and registrants

of the Texas Medical Board, including physician assistants,

acupuncturists, and surgical assistants may be reported for investigation

at the following address: Texas Medical Board Attention: Investigations

333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC- 263 Austin,

Texas 78768-2018, Assistance in filing a complaint is available by

calling the following telephone number: 1-800-201-9353. For more

information please visit the website at www.tmb.state.tx.us.

1. m) FOR VIRGINIA RESIDENTS
2. Your health care provider will maintain your records while you are an active

patient or will transfer your records to another practitioner or health care provider

should you wish to seek care elsewhere. Your health care provider will maintain

your records for a minimum of six (6) years following your last encounter with

the following exceptions:

1. Records of a minor child, including immunizations, must be maintained

until the child reaches the age of 18 or becomes emancipated, with a

minimum time for record retention of six years from the last patient

encounter regardless of the age of the child;

1. Records that have previously been transferred to another practitioner or

health care provider or provided to the patient or his personal

representative; or

1. Records that are required by contractual obligation or federal law to be

maintained for a longer period of time.

1. Patient records will only be destroyed in a manner that protects patient

confidentiality.

iii. For more information from the Virginia Department of Health Professions, go to

www.dhp.virginia.gov/Medicine.

1. We will obtain identification information on each patient.
2. The Website offers a variety of types of activities using telemedicine services.

These include but are not limited to: diagnosis and management of both acute and

chronic medical conditions, prescriptions, ordering of laboratory testing,

radiographic studies, and other diagnostic testing, patient education, and

appointment scheduling.

1. The patient agrees that it is the role of the physician to determine whether or not

the condition being diagnosed and/or treated is appropriate for a telemedicine

encounter.

vii. We utilize the latest security measures with the use of telemedicine services to

ensure each patient’s protected health information is secure. Notwithstanding such

measures there is still potential risk to privacy.

viii. We will obtain expressed patient consent to forward patient-identifiable

information to a third party.

1. n) FOR WISCONSIN RESIDENTSi. You have the right to request and receive information within a reasonable period

of time after your request the fees charged for a health care service, diagnostic

test, or procedure provided by your health care provider.

XXVIII. CONTACT INFORMATION

If you have any questions or concerns, please contact:

Tummala Health, LLC

support@tummalaplayandearn.com 

Last Modified: 06/15/26