Medical Terms of Service

Last Updated: March 3, 2025
These Medical Terms of Service (these “Medical Terms”) govern your use of the Medical Services, as defined in the Terms of Service. By accessing or using the Medical Services, you agree to these Medical Terms and understand that this is a legally binding contract between you and the Defiant Practices (as defined below) regarding your access to and use of the Medical Services. Capitalized terms not expressly defined herein are as defined in the Terms of Service. Please note that your use of Defiant Health’s digital platform are also subject to the Defiant Health Terms of Service and Privacy Policy.

Miga, Inc. (d/b/a Defiant Health) (“Defiant Health”) is affiliated with medical professional corporations and their affiliated medical service providers (the professional corporations collectively, the “Defiant Practices”, “we” or “us”). Defiant Health operates as a management services organization and provides various administrative, technology and other certain non-medical services to the Defiant Practices. The Defiant Practices provide the Medical Services through licensed healthcare providers (“Providers”).

DO NOT USE THE MEDICAL SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

By using the Medical Services, you consent to treatment, care, diagnosis and the provision of Medical Services by the Providers. You can withdraw consent to treatment at any time by no longer seeking Medical Services from Defiant Practices. Please refer to our Notice of Privacy Practices [LINK TO NPP] to learn how the Defiant Practices collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations).

You understand that the Medical Services are provided via “telehealth” since the Provider and patient are not in the same physical location. The Medical Services are provided through Defiant Health’s electronic platform, which includes, but is not limited to, the use of electronic communications, such as live two-way video and/or audio, synchronous and asynchronous interactions and messaging, and sharing of medical images and medical records. In some circumstances, the Provider may determine that the transmitted information is of inadequate quality, thus requiring a rescheduled appointment. Telehealth may also result in delays in medical evaluation and treatment due to deficiencies or failures of the equipment. In very rare cases, our security protocols could fail, causing a breach of privacy of personal medical information. By using our Medical Services, you accept these risks.

You agree to pay the Defiant Practices all applicable charges for the Medical Services and you hereby authorize the Defiant Practices to charge the payment method you provide (which may be processed by one or more third-party payment processors). The third-party services provider who manages your payment method and the third-party payment processors who process your payment may impose terms and conditions on you, which are independent of these Medical Services Terms, and you agree to comply with all of those terms. By providing your health insurance information, you are hereby authorizing us to submit claims for all eligible and covered Medical Services to your health insurer or health plan. You similarly are authorizing all payments, rights and claims for reimbursement of claims, costs and expenses allowable for the Medical Services from your health insurer to us. You permit, authorize and consent to our releasing any medical information, including those related to Medical Services rendered or diagnoses made, to process claims to your health insurer or health plan.

You understand and agree that any outstanding balance for Medical Services rendered by the Defiant Practices and/or Providers that are not covered by your insurance is your financial responsibility, and that our submission of a claim to your health insurer or health plan is not a waiver of our rights to seek payment from you.
 
You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, we may charge you a fee of $99 for a missed/late cancelled appointment.

We may, from time to time, change these Medical Terms. Please check these Medical Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Medical Terms in order to continue to access and use the Medical Services. If you do not agree to the modified Medical Terms, then you should discontinue your use of the Medical Services. Except as expressly permitted in this Section 4.1, these Medical Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Medical Terms.

By using the Medical Services, you agree that you may receive the following by email or by a message from a team member of Defiant Health or the Defiant Practices: legal disclosures; these Medical Services Terms; Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services.

THE MEDICAL SERVICES ARE INTENDED FOR USE ONLY WITHIN THE STATES THAT THE DEFIANT PRACTICES SERVE. THE DEFIANT PRACTICES MAKE NO REPRESENTATION THAT THE MEDICAL SERVICES ARE APPROPRIATE ELSEWHERE, AND ANYONE WHO CHOOSES TO ACCESS OR USE THE MEDICAL SERVICES FROM OUTSIDE OF THE SERVICE STATES DOES SO SOLELY AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.

FOR CALIFORNIA PATIENTS, THE STATE OF CALIFORNIA REQUIRES THAT PHYSICIANS IN CALIFORNIA SHARE NOTICE OF THE OPEN PAYMENTS DATABASE. 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/.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 6 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Defiant Practices do not disclaim any warranty or other right that the Defiant Practices are prohibited from disclaiming under applicable law.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DEFIANT PRACTICES OR PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE MEDICAL SERVICES OR ANY MATERIALS OR CONTENT ON THE MEDICAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE DEFIANT PRACTICES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DEFIANT PRACTICES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE MEDICAL SERVICES OR OTHERWISE UNDER THESE MEDICAL TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE DIRECTLY PAID TO THE DEFIANT PRACTICES AND THE PROVIDERS FOR ACCESS TO AND USE OF THE MEDICAL SERVICES IN THE 6 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.

EACH PROVISION OF THESE MEDICAL TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE MEDICAL TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE MEDICAL TERMS. THE LIMITATIONS IN THIS SECTION 7 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 7 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Defiant Practices do not disclaim any warranty or other right that the Defiant Practices are prohibited from disclaiming under applicable law.