Terms of Service
Last updated: August 16, 2024We (the team at Offcall) are on a mission to make physician work and salary transparency better in the United States, hoping to reduce burnout in medicine. We hope you love our products and services as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don't agree to these Terms, do not use our services.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below, as Offcall cannot be used outside the United States.
These Terms govern your access to and use of the products and services we provide through or for Offcall (offcall.com) and any other mobile apps or supporting services (collectively, “Services”).
These Terms also govern visitors' access to and use of any websites that use our Services. Please note though that the operators of those websites may also have their own separate terms of use. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We refer to Offcall Inc. (the makers of Offcall) collectively as “Offcall” “us,” or “we” throughout these Terms.
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we're able to verify your account information, like your email address. When you create an Offcall account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). If you aren't interested, you can opt out of the marketing communications, whether it's an email, phone call, or text message. You're solely responsible and liable for all activity under your account. You're also fully responsible for maintaining the security of your account (which includes keeping your email account secure). We're not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don't share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.
Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 16. If you register as a user or otherwise use our Services, you represent that you're at least 16. You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We haven't reviewed, and can't review, all of the content posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We're not responsible for any use or effects of Content or third-party websites. So, for example:
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
Fees for Paid Services. Some of our Services in the future may be offered for a fee (collectively, “Paid Services”). This section applies to any purchases of Paid Services.
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we'll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You're responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we're obligated to pay or collect Taxes on the fees you've paid or will pay, you're responsible for those Taxes, and we may collect payment from you.
Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can't charge your primary payment method.
Automatic Renewal. By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it'll automatically renew and we'll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you've purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s), cancel, or manage subscriptions in your profile or by contacting the support team.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don't agree with the changes, you must cancel your Paid Service.
Refunds. We may have a refund policy for some of our Paid Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
Offcall enables you to share information about your job(s). Offcall offers a basic service for free, and we offer paid plans that add advanced features.
User Responsibilities.
General Conduct.
By submitting content to us, you do agree to transfer ownership of the content to us and provide us with a worldwide, royalty-free, transferable, sub-licensable, and exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content for our Services. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears in your submissions. Additionally, by submitting content to us, you are directing us to include this information in our database to provide a better service to all users.
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services.
You agree not to submit defamatory information about others, employers, companies, corporations, or hospitals, and to never post any information that could be considered personal health information or personally identifying information about others, specifically including patients.
Prohibited Uses.
Your content and conduct must not violate any local, state, or federal law or any policy or agreement you have about confidentiality or sharing of data. The following actions are explicitly prohibited:
Removal of Content.
If you wish to remove any content you've submitted, we'll use reasonable efforts to remove it from public view. However, you acknowledge that cached versions of the content or references to the content may not be immediately unavailable.
Violation Consequences.
Failure to comply with these responsibilities may result in immediate termination of your account and legal actions as deemed necessary.
Data Accuracy.
You are responsible for the accuracy of the data and content you submit. Providing false or misleading information is a breach of these terms.
Account Security.
You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorized use of your account.
No Reselling of Service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Offcall.
Usage Limitations.
You agree not to use the service in a manner that puts an excessive load on the infrastructure or hinders the performance for other users.
Compliance with Export Laws.
You will comply with all applicable export laws and restrictions and regulations in your use of the Service.
No Automated Queries.
You may not send automated queries of any sort to the Service without express permission in advance from Offcall.
Indemnification.
You agree to indemnify and hold Offcall harmless from any claims or damages arising out of your violation of these terms.
Reporting Misuse.
You agree to report any misuse of the Service or any content that violates these terms.
Ethical Usage.
You agree to use the Service in an ethical manner, respecting the privacy and rights of others.
User Eligibility and Account Integrity.
Geographic Eligibility.
The Services are intended exclusively for users located within the United States. By using the Services, you represent and warrant that you are located within the United States.
Web Traffic Analysis.
We may use a third-party service to measure Offcall's audience and usage.
Professional Eligibility.
Access to and use of the Services are currently restricted to licensed physicians. By creating an account, you affirm that you are a licensed physician in good standing.
False Representation.
It is a violation of these Terms to misrepresent your identity or credentials as a physician. Creating an account under a false name, impersonating another physician, or providing fraudulent credentials is strictly prohibited.
NPI Number.
Upon registration, you will be required to provide your National Provider Identifier (NPI) number. You must only enter an NPI number that is registered to you. Entering an NPI number that does not belong to you is a violation of these Terms and may result in immediate account termination and legal action.
Consequences of Violation.
Any violation of these eligibility and account integrity terms will result in immediate account termination and may subject you to legal action.
We may offer features that incorporate artificial intelligence (AI).
As between you and Offcall, and to the extent permitted by law, you own or have the rights to any content you input into AI features (“Input”) and any content generated by the AI features (“Output”).
You're responsible for your Input, the use of any Output, and for complying with any applicable laws. AI may occasionally generate Output that's inaccurate, irrelevant, offensive, harmful, or similar to others' content.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.
The Agreement doesn't transfer any Offcall or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with Offcall. All relevant trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks remain ours. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any Offcall or third-party trademarks.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your account due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Offcall policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, or terminate your access to the Services, if we believe your profile and its associated content burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Offcall and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Offcall, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Delaware, U.S.A, after first following the Dispute Resolution policy below. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
Mediation.
Both parties agree to engage in good faith mediation before initiating any arbitration or litigation proceedings.
Arbitration.
Any disputes arising out of or related to these Terms of Service or the use of the Service that cannot be resolved through mediation will be settled by binding arbitration. The arbitration will take place in Delaware, USA and the judgment may be entered into any court having jurisdiction.
Class Action Waiver.
Both parties agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.
Notice.
Before initiating any dispute resolution proceedings, the aggrieved party must first send written notice to the other party, allowing 30 days for the issue to be resolved.
In no event will Offcall, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Offcall under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Offcall shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Offcall isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates' total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Offcall, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user's website.
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Offcall to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Offcall and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Offcall may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.