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Client Services Agreement

Last Updated: June 2024

Persana, Inc. (“Persana”), is a platform (“Platform”) that facilitates audio/visual virtual introductory chat sessions (“Sessions”) with high-quality and sought-after physicians and surgeons (“Provider” or “Providers”), such as dermatologists or plastic surgeons (each, a “Session”). Persana also facilitates the scheduling of certain in-person, non-surgical treatments with Providers through a structured appointment scheduling process (“Scheduling Support”). Persana does not provide medical services, and Providers are not employed by or independently contracted with Persana. Persana may be referred to herein as “us,” “we,” or “our.” We are honored to help you connect with Providers who might not otherwise be available to you.

It is very important that you read and understand this document (the “Agreement”), as we want to be clear about how our relationship will work and what you can expect from us, as well as your relationship with any Provider. When you agree and acknowledge this document, it will constitute an agreement between you and us; it also includes some terms regarding your relationship with your Provider. Federal and state law requires that we provide you certain information set forth in this document. A full copy of this Agreement will be made available to you or otherwise furnished for your records upon request. If you have any questions, please ask your Provider or us.

 Session and Scheduling Support Fees.

Persana charges fees for facilitating Sessions and for providing Scheduling Support, which fees cover the cost of, among other things, onboarding clients and Providers, scheduling, and payment processing. These fees may be modified at any time; our current fees are available on the Persana website (www.persana.com) and now or in the future through any mobile application we make available to you (the “App”). For Sessions, we collect the full Session fee on behalf of your Provider as one of our services to Providers. For in-person appointments booked through Persana, payment terms may vary: we will either (i) charge the Scheduling Support fee upfront and any balance for the appointment will be charged directly by the Provider, or (ii) the full appointment fee, including Scheduling Support fee, will be charged upfront. We accept payment in the form of a credit card, which you expressly authorize us to charge for the services you receive from us, as well as Google Pay, Apple Pay, and all other services accepted by Stripe, our third-party payment processor. You authorize Persana or our third-party payment processor to charge the credit card you provide to Persana when you enter and submit your credit card information.

 Cancellation Policy.

Sessions are non-cancellable. You will be charged the full Session price for any Session at the time of booking. For in-person appointments booked through Persana using the Scheduling Support, you may reschedule or cancel appointments up to 24 hours prior to the scheduled appointment time using the following Support Request Form. Any refund request for in-person appointments should be directed to the applicable Provider who provided the service.

 Cash Only; Insurance/Out-of-Network.

Providers who provide Sessions and/or in-person appointments may not be in-network providers with, or accept payment for services from, any health or other insurance plans. As a result, you acknowledge and understand that payment for Sessions shall be cash only, and you shall not submit and/or seek to obtain payment for the Session from your insurance, other benefit plan, or any federal or state healthcare program.

 Session.

You agree to receive your Session via the use of audio, video, or other electronic communications. The Provider may use audio and video to interact with you and/or review your information for the purpose of providing the Session. The Provider may provide services synchronously (in real time) or asynchronously (not in real time, such as by sending a chat, photo, or video and later receiving a response). The benefits of the Session include having access to Providers without having to travel outside your home or local health care community. The risks are that you could experience interruptions or technical difficulties, or, in rare circumstances, security protocols could fail, causing a breach of privacy. You understand the risks and benefits of the Session. You agree not to share your appointment link with anyone unauthorized to attend your appointment. You may be requested to sign additional consents or provide additional information before the Session if you reside in a state where additional documentation or additional information is required.

 No Provider-Client Relationship.

You understand that a Session does not necessarily create a provider-client relationship between you and the Provider.

 Service Risks and Benefits.

If you agree to receive Sessions through Persana, you acknowledge that there is a potential risk that you may experience uncomfortable feelings, side effects, or outcomes with which you are not happy. The benefits of our services and the relationships they enable may include an improvement in self-confidence, happiness with your appearance, and reduced feelings of insecurity. However, there are no guaranteed results from Sessions or any cosmetic or elective surgeries.

 Emergencies.

A Session is not an emergency service, and Sessions do not necessarily establish a provider-client relationship. Sessions should not be used for a medical emergency. In a medical emergency, you should dial 911 and/or go to your local hospital’s emergency room.

 Scheduling Services.

All Sessions must be, and (if Provider agrees) subsequent services can be, scheduled by using the Persana website or, now or in the future, the App.

 Confidentiality and Compliance.

We will take appropriate precautions to keep your health information confidential. We may collect or receive certain personal information and other data about you that is governed by federal law, such as HIPAA, on behalf of Providers who use our Platform. Our collection and use of that personal information are subject to the business associate agreement between Providers and us. Your Provider will keep the content of your Sessions confidential in accordance with state law and the Provider’s Notice of Privacy Practices, which governs their use of, disclosure of, and access to protected health information (“PHI”) protected by HIPAA.

 Consent to Call, Email, and Text and App Messaging.

You expressly consent to allow us to communicate with you by telephone call, email, text message, messaging now or in the future via the App, and/or other forms of unencrypted electronic messaging (“Electronic Messages”) using any telephone numbers or email addresses that you provide to us when you sign up or that we obtain lawfully, such as through caller ID. You expressly agree to receive prerecorded or automated Electronic Messages from us. You agree to receive these Electronic Messages from us even if your phone number is listed on the National Do Not Call Registry. You agree that you are the current owner of any telephone number you provide us. Wireless or data charges from your carrier may apply, and we are not responsible for these charges.

You understand that Electronic Messages sent by us may include, without limitation, appointment reminders, changes in previously scheduled appointments, actions to take in advance of appointments, follow-ups from appointments, information regarding billing, marketing material, or advice or education.

You understand the risks associated with communicating through Electronic Messages, including, without limitation, that Electronic Messages can easily be misaddressed to or forwarded to unintended recipients, that Electronic Messages can be stored, that backup copies of Electronic Messages may exist even after the Electronic Messages are deleted, that Electronic Messages may not be secure and thus may be used or forwarded without your permission or knowledge, that Electronic Messages may be inspected by your telephone carrier, and that Electronic Messages may be used as evidence in court. You understand that we are not liable for any breaches of confidentiality caused by you or a third party due to use of Electronic Messages.

You understand that Electronic Messages may be filed in your medical record.

You may opt out of certain automated Electronic Messages, including in-App messages or notifications, SMS, and/or email, at any time. Your notification options and preferences are available on the Platform. You may also send your request via email to support@persana.com. You acknowledge that you will and agree to receive a final message confirming your choice to opt out. Unless you revoke your consent to communicate with us via Electronic Messages, your consent will last through the end of your relationship with us.

You acknowledge that telephone calls to or from us may be monitored and recorded. You agree to this monitoring and recording.

In exchange for the services provided by us, you release Persana from all claims, causes of action, lawsuits, damages, losses, liabilities, or other harms relating to any Electronic Messages you exchange with us. You release Persana from all claims, causes of action, or lawsuits based on any alleged violations of any laws, including the Telephone Consumer Protection Act, the Truth in Caller ID Act, the CAN-SPAM Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, HIPAA, any similar state and local acts or statutes, and any federal or state tort or consumer protection laws.‍

 Consent to Use Photographs.

Your Provider(s) may request your consent to use “before” and “after” photographs of you for promotional purposes on the Provider’s website and on the Platform. This consent will be obtained from you by your Provider, and you understand that Persana may rely on such consent obtained by your Provider.

 Waiver of Liability and Indemnification.

By accepting this Agreement, you acknowledge and agree that Providers are solely responsible for any medical decision-making and that Persana is not and shall not be liable for any actions or omissions of Providers in conjunction with the services provided by Persana or facilitated by the Platform. You agree to waive, and to release and discharge Persana from, any and all liability, including, without limitation, any injuries that may occur during the provision of Sessions or in-person appointments by Providers under this Agreement. You further agree, to the fullest extent permitted by applicable law, to indemnify and hold harmless Persana and its officers, employees, agents, subsidiaries, and affiliates from and against any claims, actions, demands, damages (actual or consequential), liabilities, or settlements, including, without limitation, reasonable legal and accounting fees, arising out of or relating to your access to or use of the Platform and any actions of Providers. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 Acknowledgments.

  • You have read and understand the information provided above and understand and agree to the terms in this Agreement, including the services, payment methods, cancellation policy, and waiver of liability. Any questions you had have been answered.
  • You also understand that, under HIPAA, you have certain rights to privacy regarding your health information. You have received, read, and understand your Provider’s Notice of Privacy Practices (“NPP”) containing a complete description of the uses and disclosures of your health information, and you understand that your Provider has the right to change its NPP from time to time and that you may contact your Provider at any time to obtain a current copy of the NPP.

 Privacy Policy and Terms of Use.

You agree that you have also read our Terms of Use, which contains other legally binding provisions regarding how you may and may not use the Platform, and our Privacy Policy, which contains other legally binding provisions, regarding how we may and may not use the data we collect from you on the Platform, which may not be protected by HIPAA.

 Updates/Revisions.

We may update this Agreement upon 30 days’ notice to you. Notice and updates will be available on our website at www.persana.com.

 Termination.

You may terminate this Agreement at any time by sending us an email to support@persana.com or by deleting your Persana account. Persana may terminate this Agreement for any reason, in our sole discretion, including if you breach this Agreement.