These Terms of Service ("Terms") are a binding agreement between Visitry, Inc. ("Visitry," "we," "us," or "our") and you. They govern your access to and use of the Visitry website (visitry.com), the Visitry clinician mobile application, the Visitry web portals for clinicians, agencies, and administrators, and any related services (collectively, the "Services").
By creating an account, accessing the Services, or clicking a button marked "I agree" or similar, you agree to these Terms. If you do not agree, do not use the Services.
Certain users — including clinicians working through the Visitry network — also enter into a separate written Independent Contractor Agreement (the "IC Agreement") with Visitry. Where these Terms conflict with your IC Agreement on a contractor-specific topic, the IC Agreement controls.
1. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. If you access the Services on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" refers to both you and the entity.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at security@visitry.com if you suspect unauthorized use of your account.
2. The Services
Visitry operates a therapy-network platform that connects licensed clinicians with home-health agencies and — where we operate as a clinic — provides mobile outpatient therapy under our own clinic license. The Services include tools for visit scheduling, credentialing, payment, messaging, and related administration.
Visitry does not guarantee that any particular number or type of visits will be available, and visit availability may fluctuate based on agency demand, geography, discipline, credentials, and other factors.
3. Clinician-specific terms
Clinicians who use the Services to accept and complete visits are independent contractors, not employees of Visitry. The Services do not create an employment, partnership, joint venture, or agency relationship between you and Visitry. Nothing in these Terms entitles any clinician to wages, benefits, paid time off, or any other employee entitlements.
As a clinician, you agree that:
- You will maintain in good standing all professional licenses, certifications, and insurance required for your discipline and the states in which you practice.
- You will comply with all applicable laws and regulations, including HIPAA, the Medicare Conditions of Participation, and Florida state licensure rules.
- You will provide services with reasonable professional care and skill, in accordance with your scope of practice and applicable clinical standards.
- You will complete required documentation (including visit frequency plans where applicable) within the deadlines required by the referring agency, Medicare, and Visitry.
- You are responsible for your own taxes, expenses, equipment, and transportation. We will issue a Form 1099 or other tax form required by law.
- You will not subcontract or share your account with another clinician.
Rates, payment cadence, and other economic terms are governed by your IC Agreement and any written rate schedules in effect between you and Visitry. Visitry may adjust rates, volume-bonus tiers, and incentive structures on a going-forward basis as described in the IC Agreement or by written notice.
4. Agency-specific terms
Agency partners access the Services under a separate written agreement with Visitry. These Terms apply to agency users cumulatively with that agreement; in the event of a conflict, the written agency agreement controls.
Agency users represent and warrant that:
- They have authority to share patient referral information with Visitry and to receive services from Visitry-networked clinicians.
- They have obtained any consents required for the sharing of PHI with Visitry and Visitry clinicians for treatment, payment, and health-care operations.
- They will not use the Services to circumvent Visitry by directly engaging a Visitry-networked clinician outside of the Services in a way that violates their agency agreement.
5. Acceptable use
You agree that you will not:
- Use the Services in violation of any law, regulation, or third-party right.
- Upload, transmit, or store any information you are not authorized to disclose, including PHI you are not authorized to share.
- Misrepresent your identity, credentials, or professional status.
- Access another user's account, circumvent authentication, or attempt to access data you are not authorized to access.
- Interfere with, disrupt, or attempt to compromise the integrity or security of the Services, including introducing malware or launching denial-of-service attacks.
- Scrape, harvest, or automate collection of information from the Services without our prior written consent.
- Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent such restrictions are prohibited by applicable law.
- Use the Services to send spam, chain letters, or other unsolicited communications.
Visitry may suspend or terminate access for any suspected violation of this section and may report violations to law enforcement or licensing authorities where appropriate.
6. Content you submit
You retain ownership of any content you submit to the Services (including credential documents, profile information, visit notes, and messages — collectively, "Your Content"). By submitting Your Content, you grant Visitry a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, process, display, and otherwise use Your Content solely to operate, deliver, and improve the Services; to comply with law; and to enforce these Terms. This license ends when the content is deleted from our active systems, subject to retention required by law and to copies in backup archives, which are deleted on our standard rotation.
You represent and warrant that you have the right to submit Your Content and that submitting it does not violate any third-party rights or applicable law.
7. Fees and payment
Individual clinician payment terms are set forth in the IC Agreement. Agency fees and billing terms are set forth in the agency agreement. Visitry reserves the right to change fees on a going-forward basis, subject to the notice requirements in the applicable agreement.
You are responsible for any taxes applicable to payments made to you, and you authorize Visitry to withhold or report taxes as required by law.
8. Intellectual property
The Services — including the Visitry name, logos, website, mobile app, software, content (other than Your Content), and design — are owned by Visitry or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for the purposes described in these Terms. All rights not expressly granted are reserved.
You may not use Visitry's name, logos, or branding without our prior written consent, except to identify yourself as a clinician or partner in the Visitry network in the ordinary course of your work.
9. Third-party services and links
The Services integrate with or link to third-party services (for example, BoldSign for e-signature, Google Maps for map tiles, and Apple and Google push-notification services). Your use of those services is governed by the third party's terms and privacy policies. Visitry is not responsible for third-party services or content.
10. Artificial intelligence features
Some features of the Services use AI to assist with tasks such as extracting information from documents, answering knowledge-base questions, and guiding applicants. AI output can be wrong, incomplete, or out of date. You should not rely on AI output as professional, legal, medical, or clinical advice, and you remain responsible for decisions you make while using the Services. Our AI practices are further described in our Privacy Policy.
11. Termination
You may stop using the Services at any time and request account closure by emailing privacy@visitry.com.
Visitry may suspend or terminate your access to the Services, with or without notice, if (a) you breach these Terms or your IC Agreement or agency agreement; (b) your license, credentials, or insurance lapse or are revoked; (c) required background-check clearances change; (d) your continued access creates material legal or safety risk; or (e) we cease offering the Services. We may also remove content that violates these Terms.
Upon termination, your right to use the Services ceases. Sections that by their nature are intended to survive termination (including sections 6, 8, 12, 13, 14, 15, and 17) will survive.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, VISITRY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Visitry does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Visitry is not a medical provider with respect to clinical judgment; clinical decisions are the professional responsibility of the individual clinician delivering care.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VISITRY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VISITRY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE TO OR BY YOU BY VISITRY IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $5,000. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS; IN THOSE JURISDICTIONS THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.
14. Indemnification
You agree to defend, indemnify, and hold harmless Visitry and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms, your IC Agreement, or any agency agreement; (b) your violation of any law or third-party right; (c) your use of the Services; (d) Your Content; or (e) any services you provide to a patient. This section does not apply to claims to the extent caused by Visitry's gross negligence or willful misconduct.
15. Dispute resolution and governing law
These Terms are governed by the laws of the State of Florida without regard to its conflict-of-laws rules.
Informal resolution
Before starting an arbitration or filing any claim, you agree to try in good faith to resolve the dispute informally by emailing legal@visitry.com with a description of the claim and the relief you seek. We will attempt to resolve the dispute within 60 days. If we cannot resolve it within that period, either party may proceed under the arbitration provision below.
Binding arbitration
Except for the claims carved out below, you and Visitry agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for disputes arising from a clinician's or agency's commercial relationship with Visitry, its Commercial Arbitration Rules), as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator, and not any court, will decide all threshold questions of arbitrability, except that a court will decide whether the class/collective-action waiver below is enforceable.
Where and how
Arbitration will be conducted in Hillsborough County, Florida, or, at your election, by telephone, videoconference, or on documents only. A single arbitrator will apply Florida law and may award any relief a court could award on an individual basis. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
Arbitration costs
Visitry will pay all AAA administrative and arbitrator fees for any claim where the amount in dispute is under $15,000, except that where the arbitrator finds a claim was frivolous or brought for an improper purpose, the arbitrator may reallocate fees as permitted by the AAA rules. Each party otherwise bears its own attorneys' fees, except where a statute or these Terms provide for fee-shifting.
Class and collective action waiver
You and Visitry agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this class/collective-action waiver is found unenforceable as to a particular claim, that claim — and only that claim — will be severed and proceed in court, while all other claims proceed in arbitration.
Carve-outs
This section does not require arbitration of: (a) a claim in small-claims court, if it qualifies and remains there; (b) a request for temporary or preliminary injunctive relief to protect confidential information, PHI, or intellectual property; or (c) any claim that may not be arbitrated as a matter of law.
30-day opt-out
You may opt out of this arbitration and class-waiver provision by emailing legal@visitry.com within 30 days of first accepting these Terms (or, for existing users, within 30 days of the effective date of this version), stating your name, account, and intent to opt out. Opting out will not affect any other part of these Terms, and Visitry will not retaliate against you for opting out. If you opt out, disputes will be resolved in the state or federal courts located in Hillsborough County, Florida, and both parties consent to the exclusive jurisdiction and venue of those courts.
Court venue for non-arbitrable matters
For any dispute not subject to arbitration, you and Visitry consent to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida.
Survival
This section survives termination of these Terms.
16. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of the page. If the changes are material, we will provide reasonable notice (for example, via email or a notice in the Services). Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.
17. Miscellaneous
Entire agreement. These Terms, the Privacy Policy, the Notice of Privacy Practices, and any written agreement between you and Visitry (including the IC Agreement or an agency agreement) constitute the entire agreement between you and Visitry with respect to the Services and supersede prior agreements on the same subject matter.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Notices. We may provide notices to you by email, by posting notices in the Services, or by other reasonable means. Notices to us should be sent to legal@visitry.com.
Force majeure. Visitry is not liable for any failure or delay in performance caused by events beyond its reasonable control.
18. Contact us
Visitry, Inc.
Attn: Legal
802 E Whiting St
Tampa, FL 33602
United States
legal@visitry.com