Terms of Service

These Terms of Service (Terms) are a binding agreement between you and Doktu LLC (Doktu). They govern your access to and use of Doktu's website, mobile applications, and platform (the Services) as a user of a Society community on Doktu.

If you do not agree to these Terms, do not access or use the Services.

Your use of the Services is also subject to Doktu's Privacy Policy and Community Guidelines, which are incorporated by reference.

1) What Doktu is (and is not)

Doktu is a private, professional community used by medical and professional societies to engage members and invited guests.

Doktu is not:

• •a patient care product
• •a medical device
• •a clinical consultation or case management service
• •a platform for providing medical advice to patients
• •an emergency service

Content on Doktu is for professional networking and educational discussion only. Section 4A explains how clinical discussion on Doktu works and who is responsible for patient care.

2) Who can use Doktu

A. Eligibility

You may use the Services only if you are:

• •at least 18 years of age, and
• •a verified Society member, or an invited guest authorized by a Society to access their community on Doktu.

B. Verification Authority

Access to a Society community is primarily controlled by the relevant Society. Doktu may rely on the Society's eligibility determinations, but Doktu may perform additional checks (for example email validation or other verification steps) and may deny, suspend, or revoke access to protect the community and enforce these Terms.

C. Identity requirements

You must use your real name and provide accurate information. You agree not to impersonate any person or misrepresent your professional status.

3) No PHI and no patient-identifiable information

Strict Prohibition: You must not post, upload, transmit, or otherwise share any protected health information (PHI) or patient-identifiable information through the Services.

Patient-identifiable information is any detail that could allow someone outside the patient's care team to work out who the patient is, even if a name is not included. Section 4A(C) explains what de-identified means on Doktu.

If you believe PHI or patient-identifiable information has been posted, you must report it promptly using in-product reporting tools.

4) De-identified case discussion

De-identified case discussion is permitted within a Society community, subject to these Terms and the Society's rules.

You are responsible for ensuring content is strictly de-identified and complies with applicable privacy laws and professional obligations. Doktu does not act as a Business Associate under HIPAA unless Doktu expressly agrees in a separate written agreement. Doktu or the Society may remove content that could reasonably identify a patient.

4A) Professional discussion, not medical care

A. Professional judgment

Content on Doktu is peer discussion among professionals. It is not medical advice, a consultation, a second opinion, or a recommendation for any patient. Each member who treats a patient remains solely responsible for that patient's care and for exercising independent professional judgment, including whether and how to use anything discussed on Doktu.

B. No physician-patient relationship

Doktu intends that participating in a discussion on Doktu does not create a physician-patient or other treatment relationship between a commenting member and any patient of another member. A comment on Doktu is not intended to be relied on as a formal consultation, and members should not present it to patients or document it as one.

C. What de-identified means

De-identified means a person outside the patient's care team could not work out who the patient is. Before posting about a case, remove:

• •names and initials
• •dates more specific than the year, including dates of birth, admission, discharge, and death
• •ages over 89
• •locations smaller than a state, including towns, counties, and zip codes
• •facility, practice, and clinician names tied to the case
• •record, account, insurance, or device numbers
• •photos showing faces, tattoos, or other identifying marks
• •any rare detail, or combination of details, that could point to one person

If you are unsure whether something could identify a patient, leave it out or describe it more generally. When in doubt, do not post it.

D. Responsibility for your content

You are responsible for what you post, including its accuracy, its compliance with your professional and privacy obligations, and your right to share it. Doktu does not review content for clinical accuracy.

4B) Antitrust

Doktu is for clinical and professional discussion. You may not use the Services to discuss or exchange information about fees, prices, reimbursement rates, payer contract terms, salaries or compensation, allocation of patients or markets, or decisions to deal or not deal with any payer, vendor, or competitor.

A Society may adopt its own antitrust policy for its community, and that policy also applies. Doktu or the Society may remove content that raises antitrust concerns.

5) Audio rooms

Some communities may offer live audio rooms.

• •Doktu does not record live audio sessions.
• •You may not record, copy, transcribe, or redistribute any live audio session or any part of it.
• •The rules in these Terms, including Sections 3, 4A, and 4B, apply to everything said in an audio room.

6) Sponsors and sponsored content

A Society may enable Sponsor placements (for example sponsored posts or banners). If enabled:

• •Sponsor placements will be labeled as sponsored.
• •Sponsors cannot message Members through Doktu.
• •Sponsors do not receive Member lists, Member identities, or user-level analytics.
• •Sponsors may receive only aggregated reporting (impressions and banner clicks).
• •Doktu may suppress, delay, or combine Sponsor reporting where needed to reduce re-identification risk (for example when engagement counts are small).
• •If you click a Sponsor placement, the Sponsor may independently collect information about your interaction under its own privacy policy.

7) Content and Feedback

A. Your ownership

As between you and Doktu, you retain ownership of the content you create and post, such as posts, comments, and your spoken contributions.

B. License to operate the Services

By posting content, you grant Doktu and the relevant Society a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute your content:

• •within the Society community on Doktu, and
• •for Society communications and community administration purposes (for example newsletters, meeting recaps, and Society updates).

This license continues for as long as the content remains on the Services.

C. Feedback License

If you choose to provide input, suggestions, or feedback regarding problems with or proposed modifications or improvements to the Services (Feedback), you hereby grant Doktu an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

D. Your responsibilities for content

You are responsible for the content you post. You represent that you have the rights needed to post it and that it does not violate law, professional obligations, or third-party rights.

8) Copyright and DMCA

Doktu respects the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify Doktu in accordance with the Digital Millennium Copyright Act (DMCA).

Notices of alleged infringement should be sent to: legal@joindoktu.com

A DMCA notice should include the information required by 17 U.S.C. §512(c)(3), including identification of the copyrighted work, the allegedly infringing material, contact information, and a statement under penalty of perjury.

Doktu will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Doktu will terminate a user's access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Doktu or others.

9) Prohibited conduct

You agree not to:

• •share PHI or patient-identifiable information
• •discuss or exchange the topics prohibited in Section 4B
• •record or redistribute live audio sessions
• •harass, threaten, or discriminate against others
• •post unlawful, defamatory, obscene, or hateful content
• •spam, solicit, or run unauthorized promotions
• •attempt to scrape or harvest information from the Services
• •introduce malware or attempt to disrupt the Services
• •reverse engineer the Services or use them to build a competing product
• •circumvent access controls or use the Services outside intended Society community purposes

10) Moderation, enforcement, and reports

A. Moderation authority

Moderation may be performed by Society administrators/moderators and Doktu. Societies may adopt additional community rules. You must comply with Society rules as well as these Terms. Neither Doktu nor the Society undertakes to review all content before or after it is posted.

B. Enforcement ladder

Depending on severity and history, enforcement may include warning, temporary mute, temporary suspension, or permanent removal. Serious violations may skip steps.

C. Reports and Appeals

You can report content using in-product tools. Doktu has final decision-making authority on enforcement and appeals.

11) Account deletion, termination, and access

A. Member-initiated deletion

You may delete your account in the app. Account deletion will be completed within 30 days.

B. Effect on your content

If you delete your account, your profile will be anonymized. Your prior posts and comments may remain for thread continuity but will be attributed anonymously (for example, Deleted Member).

C. Society removal or Doktu termination

Your access may end immediately if the Society removes you or ends your guest access, or if Doktu terminates access for violations or legal reasons.

12) Disclaimers and Third-Party Links

A. As-Is Service

The Services are provided as-is and as-available. Doktu does not warrant that the Services will be uninterrupted or error-free, or that discussions are accurate, complete, or suitable for any particular purpose. Doktu does not provide medical advice and does not monitor the Services for clinical decision-making or patient safety.

B. Third-Party Links

The Services may contain links to third-party websites or resources, including Sponsor content. You acknowledge and agree that Doktu is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Doktu. You assume all risk arising from your use of any such websites or resources.

13) Limitation of liability

To the maximum extent permitted by law, Doktu is not liable for indirect, incidental, special, consequential, or punitive damages.

To the maximum extent permitted by law, Doktu's total liability for any claim related to the Services will not exceed 100 dollars.

Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you.

14) Indemnification

You agree to indemnify and hold harmless Doktu, the Society, and their officers, directors, employees, and agents from third-party claims arising out of:

• •your posting of PHI or patient-identifiable information
• •your violation of these Terms or applicable law
• •your willful misconduct

15) Dispute resolution, arbitration, and class action waiver

Any dispute between you and Doktu will be resolved by binding arbitration, not in court.

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if not applicable, its Commercial Arbitration Rules) and will take place in Georgia.

You and Doktu waive any right to participate in a class action or representative proceeding.

If applicable law does not allow arbitration for a particular claim, that claim will be brought in state or federal courts located in Georgia, and you consent to venue in those courts.

16) Apple and Google App Store Provisions

If you access the Services via a mobile application obtained from the Apple App Store or Google Play Store:

Agreement between Parties

You acknowledge that these Terms are between you and Doktu only, not with Apple or Google. Doktu, not Apple or Google, is solely responsible for the Services and the content thereof.

Maintenance

Apple and Google have no obligation to furnish any maintenance and support services with respect to the App.

Warranty

To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to the App.

Third-Party Beneficiary

You acknowledge and agree that Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, they will have the right to enforce these Terms against you as a third-party beneficiary thereof.

17) Changes to these Terms

Doktu may update these Terms from time to time. The effective date at the top reflects the most recent version. Doktu will notify members of material changes in the app. Continued use of the Services after an update takes effect means you accept the updated Terms.

18) Miscellaneous

Assignment: You may not transfer your account. Doktu may assign these Terms as part of a business transaction.

Severability: If any provision is unenforceable, the rest remains in effect.

Entire agreement: These Terms, plus the Privacy Policy and Community Guidelines, form the entire agreement between you and Doktu regarding the Services.

19) Contact

Questions about these Terms: legal@joindoktu.com

Copyright/DMCA Notices: legal@joindoktu.com

Doktu LLC
8735 Dunwoody Place #13623
Atlanta, GA 30350
United States