These Terms and Conditions (“Terms”) are a legal agreement between you and BlackBag, LLC (“BlackBag,” “we,” “us,” or “our”). They govern your use of our websites, patient and clinician applications, and related services (together, the “Services”).
Important
BlackBag supports care. It does not replace the clinician providing it.
- BlackBag is not an emergency service.
- Independent clinicians are responsible for medical care and clinical decisions.
- Automated transcripts, summaries, and draft notes can contain errors and require clinician review.
- Consultation fees are shown before booking and processed through third-party payment providers.
1. Acceptance
By creating an account, booking or providing a consultation, or otherwise using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.
Additional terms shown during onboarding, booking, payment, or use of a particular feature also apply. If you use BlackBag for a practice or other organization, you confirm that you have authority to bind that organization.
2. What BlackBag provides
BlackBag provides technology for clinician discovery, scheduling, video consultations, messaging, document sharing, clinical documentation, payment, and related account services. Features and availability may vary by user, clinician, location, specialty, and device.
BlackBag may verify selected identity or credential information, but a profile or verification result is not an endorsement, guarantee of availability, or guarantee of a particular medical result.
3. Eligibility and accounts
You must be at least 18 years old and legally able to agree to these Terms. A parent or legal guardian may use the Services for a minor only where the Services permit it and the adult has authority to act for the minor.
You agree to:
- Provide accurate, current, and complete information.
- Keep credentials and verification codes confidential.
- Use only your own account unless you are expressly authorized to act for someone else.
- Promptly update information that affects your identity, eligibility, care, payment, or professional credentials.
- Notify us at support@myblackbag.com if you suspect unauthorized access.
You are responsible for activity performed through your account to the extent permitted by law.
4. Medical care and clinician relationships
Medical services are provided by the clinician you consult, not by BlackBag. Clinicians exercise independent professional judgment and are responsible for determining whether telehealth is appropriate, evaluating the information available, documenting the visit, and recommending any follow-up or in-person care.
Using the Services does not guarantee that a clinician will accept a request, provide a diagnosis, recommend a particular treatment, issue a prescription, or reach the outcome you expect. A clinician-patient relationship, where formed, is between the patient and clinician and is governed by applicable professional law.
BlackBag is designed for specialist consultations and additional perspectives. It does not replace ongoing care from your regular healthcare team.
5. No emergency care
BlackBag is not for emergencies, urgent crisis response, or continuous monitoring. Do not wait for a BlackBag clinician or message response if you may be experiencing an emergency. Call 911 or your local emergency number, or go to the nearest emergency department.
6. Telehealth responsibilities and limitations
Telehealth depends on an internet connection, compatible equipment, and the information available during the visit. It may not allow the same examination, testing, or immediate intervention as in-person care. Technical interruptions, privacy risks, and communication limitations can occur.
Patients agree to:
- Provide complete and accurate health and location information.
- Join from a reasonably private and safe setting when possible.
- Tell the clinician if information is misunderstood or incomplete.
- Follow instructions to seek in-person, urgent, or emergency care when advised.
A clinician may end or redirect a visit when telehealth is not appropriate, the patient’s location is not supported, required information is unavailable, or safety requires in-person care.
7. Recordings, transcripts, and AI-assisted documentation
Where enabled, a consultation may be recorded or transcribed to support a transcript, summary, or draft clinical note. Recording or transcription is permitted only after any notice and consent required by applicable law. Clinicians and users are responsible for following any consent prompt and any additional consent duty that applies. Do not continue with recording if you do not understand or agree to the notice presented.
Automated transcription and drafting tools can mishear, omit, or incorrectly summarize information. Their output is not independently verified medical advice. The clinician is responsible for reviewing, correcting, approving, and using any draft as appropriate. Patients should raise any suspected error with the clinician.
8. Booking, fees, and payment
Two amounts are shown before booking: the clinician's appointment fee, and BlackBag's platform fee. The appointment fee is the clinician's and is paid to the clinician in full. The platform fee is BlackBag's charge for the platform and covers payment processing and payout costs; it is not a share of the appointment fee. The total you pay is the sum of the two. BlackBag does not currently submit patient claims to insurance, and we do not guarantee that an insurer or benefit plan will reimburse any fee.
By adding a card, PayPal, Venmo, or another supported method, you authorize the applicable payment provider and BlackBag to store a payment token and process the total described at booking. It is charged after the visit is completed. If a visit does not take place, nothing is charged, subject to any cancellation or no-show terms clearly presented and accepted during booking.
Payment and payout services are provided by third parties and may be subject to their terms. Clinician earnings and payout status are shown in the clinician account or a separate clinician agreement. Clinicians are responsible for applicable taxes on their earnings. All users are responsible for accurate billing or payout information.
9. Clinician responsibilities
Clinicians using BlackBag agree to:
- Maintain all licenses, registrations, credentials, insurance, and permissions required for the services they provide.
- Provide care only where they are legally authorized and clinically able to do so.
- Keep profile, availability, fee, and payout information accurate.
- Obtain required patient consents and comply with privacy, telehealth, prescribing, documentation, and record-retention duties.
- Review and approve clinical documentation and automated drafts before treating them as complete.
- Use patient information only for permitted treatment, payment, healthcare operations, and other lawful purposes.
10. Information and content you provide
You retain your rights in information and content you submit. You give BlackBag a limited right to host, copy, transmit, process, display, and otherwise use that content only as reasonably needed to provide, secure, and support the Services and comply with law.
You confirm that you have the right to provide the information and that doing so does not violate another person’s privacy, confidentiality, intellectual-property, or other rights. Do not upload records or information unrelated to the intended consultation or account purpose.
11. Acceptable use
You may not:
- Use the Services unlawfully, fraudulently, deceptively, or to harm another person.
- Impersonate another person or misrepresent professional qualifications.
- Access an account, record, or system without authorization.
- Upload malware or interfere with the security, availability, or operation of the Services.
- Probe, scan, scrape, reverse engineer, or bypass technical or security controls except where law expressly permits.
- Use patient or clinician information for unsolicited marketing, discrimination, harassment, or any purpose unrelated to authorized care or service administration.
- Record or distribute a consultation except through an authorized feature and with every consent required by law.
12. Intellectual property
The Services, including software, designs, text, graphics, trademarks, logos, and other BlackBag content, are owned by BlackBag or its licensors and protected by law. Subject to these Terms, BlackBag gives you a limited, personal, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose.
13. Third-party services
The Services rely on or link to third parties for functions such as video, communications, document processing, identity or credential verification, payments, and payouts. Their terms and privacy notices may apply to information they collect directly. BlackBag is not responsible for a third-party service outside our control, but this does not limit any responsibility we cannot lawfully exclude.
14. Suspension and termination
You may stop using the Services at any time. We may restrict, suspend, or terminate access when reasonably necessary to address a violation of these Terms, protect users or the Services, investigate fraud or unauthorized access, comply with law, respond to nonpayment, or discontinue a feature or service.
Account closure does not automatically erase medical, payment, audit, or other information that must be retained. Retention is described in the Privacy Policy.
15. Disclaimers
To the maximum extent permitted by law, the technology Services are provided “as is” and “as available.” BlackBag disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee uninterrupted or error-free operation, continuous clinician availability, complete or error-free automated output, or any particular clinical, financial, or other result.
These disclaimers apply to BlackBag’s technology Services. They do not alter duties a clinician owes a patient or rights that cannot be waived under applicable law.
16. Limitation of liability
To the maximum extent permitted by law, BlackBag and its affiliates, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business opportunity arising from the Services.
To the maximum extent permitted by law, BlackBag’s total liability arising from the Services will not exceed the fees you paid to BlackBag during the six months before the event giving rise to the claim. Some jurisdictions do not allow particular exclusions or limits, so this section applies only to the extent allowed there.
17. Disputes and applicable law
Before filing a formal claim, contact legal@myblackbag.com so we can try to resolve the issue informally. These Terms are governed by applicable federal and state law, subject to any mandatory consumer protections and any separate written agreement that applies to a clinician or practice.
18. General terms
These Terms, the Privacy Policy, and any additional terms presented for a feature or separate agreement form the agreement governing your use of the Services. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver.
You may not assign these Terms without our written consent. We may assign them as part of a merger, reorganization, financing, sale of assets, or similar transaction. We may update these Terms and will post a revised date and provide additional notice when required. Continued use after the effective date of revised Terms means you accept them.
19. Contact us
For legal questions about these Terms, contact the BlackBag Legal Team at legal@myblackbag.com. For account or service support, contact support@myblackbag.com.
