⚖️ Legal Document  ·  Binding Agreement

Terms of Service
Please Read Before Using
HealingTourist.

These Terms govern your use of HealingTourist — a technology marketplace platform that connects patients with independent, licensed medical providers. By using HealingTourist, you agree to these Terms in full. If you do not agree, please do not use our services.

Effective DateJanuary 1, 2025
Last UpdatedMay 1, 2025
Version2.0
Governing LawState of Delaware, USA
Dispute ResolutionBinding Arbitration
🚨 Important — Please Read This First

HealingTourist is a technology marketplace platform, not a medical provider, hospital, clinic, or healthcare organization. We do not practice medicine, provide medical advice, make diagnoses, or recommend specific treatments. We connect patients with independently licensed and credentialed medical providers who bear sole responsibility for all medical services they render.

These Terms contain important provisions including a Disclaimer of Warranties (Section 11), a Limitation of Liability (Section 12), an Indemnification clause (Section 13), and a Binding Arbitration and Class Action Waiver (Section 14). Please read these sections carefully as they significantly affect your legal rights.

✉️ Legal Questions
📋 Plain-English Summary — What This Agreement Means
🏪
Our Role
We are a marketplace that connects you with doctors. Like Airbnb connects travelers with hosts — we don't own the hospital or employ the doctor.
👨‍⚕️
Provider Responsibility
All medical decisions, diagnoses, and treatment plans are solely the responsibility of the licensed provider you choose.
⚖️
Our Liability
Our liability to you is limited to the fees you paid us — not to medical outcomes. Medical outcomes are between you and your provider.
📋
2nd Opinion Service
A second opinion is a professional view from an independent doctor. It is not a diagnosis or treatment directive. Your primary physician remains responsible for your care.
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International Care
Medical care in India is governed by Indian law and the provider's own terms. HealingTourist facilitates the connection and logistics only.
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Disputes
Disputes with HealingTourist are resolved by binding arbitration in Delaware. Disputes about medical care are with the provider, not HealingTourist.
1

Acceptance of Terms

By accessing or using the HealingTourist website at healingtourist.com, any associated mobile applications, or any services offered through our Platform (collectively, the "Services"), you ("User," "Patient," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines or policies incorporated herein by reference.

Your agreement to these Terms is formed in one or more of the following ways:

  • Clicking "I Agree," "Accept," or any similar button or checkbox on our Platform
  • Submitting an inquiry, registration form, or request for services through our Platform
  • Uploading medical records or documents to our Platform
  • Participating in a consultation facilitated through our Platform
  • Continuing to access or use our Platform after these Terms have been posted or updated

If you do not agree to these Terms in their entirety, you must immediately cease all use of the HealingTourist Platform and Services.

If you are using HealingTourist on behalf of a minor (patient under 18), or as an authorized representative of another person, you represent that you have full legal authority to bind that person to these Terms, and all references to "you" and "your" shall apply equally to that person.

✍️

Your Agreement Is Binding

These Terms constitute a legally binding agreement between you and HealingTourist, LLC. We recommend you save or print a copy for your records. If you have questions about any provision, contact us at legal@healingtourist.com before using our Services.

2

Definitions

The following defined terms are used throughout these Terms. Understanding them is essential to understanding your rights and obligations.

"HealingTourist" / "Company" / "We"
HealingTourist, LLC, a technology marketplace company organized under the laws of the State of Delaware, and its officers, directors, employees, agents, and successors.
"Platform"
The HealingTourist website, mobile applications, patient portal, and all associated digital tools and services operated by HealingTourist.
"User" / "Patient" / "You"
Any individual who accesses or uses the Platform, including patients, caregivers, authorized representatives, and any person submitting an inquiry or using any service.
"Provider" / "Medical Provider"
Any independent, licensed physician, specialist, surgeon, hospital, clinic, diagnostic center, or other healthcare professional or entity listed on or accessible through the Platform. Providers are not employees or agents of HealingTourist.
"Medical Tourism Services"
HealingTourist's facilitation of connections between Users and Providers for the purpose of receiving medical treatment in India, including coordination of logistics, visa support, and travel planning. Excludes the medical treatment itself.
"Second Opinion Service"
HealingTourist's facilitation of connections between Users and independent Providers for the purpose of obtaining an independent medical opinion on a previously rendered diagnosis or proposed treatment plan.
"Medical Opinion"
An independent professional assessment rendered by a Provider through the Second Opinion Service. A Medical Opinion is an informational professional view, not a diagnosis, prescription, or treatment directive.
"Content"
All text, images, medical records, documents, data, communications, and other materials you upload, submit, or otherwise provide to the Platform.
"Facilitation Fee"
Fees charged by HealingTourist for Platform access, coordination services, and marketplace facilitation. Distinct from and not inclusive of Provider fees for medical services.
"Force Majeure Event"
Any event beyond HealingTourist's reasonable control, including but not limited to natural disasters, pandemics, government actions, war, civil unrest, or failures of third-party infrastructure.
3

Nature of the HealingTourist Platform

🏪
HealingTourist is a Marketplace Platform — Not a Medical Provider

HealingTourist operates exclusively as a technology-enabled marketplace and facilitation platform. Our role is analogous to that of an online marketplace that connects buyers with independent sellers — we connect patients with independent licensed medical providers. We do not employ physicians, own hospitals or clinics, hold medical licenses, or practice medicine in any jurisdiction.

3.1 What HealingTourist Does

HealingTourist provides the following non-medical facilitation services:

  • Maintaining a curated directory of independently verified medical providers in India
  • Facilitating introductions and communications between Users and Providers
  • Coordinating logistical aspects of medical travel, including visa invitation letters, travel planning guidance, and accommodation coordination
  • Providing a secure platform for uploading and transmitting medical records to chosen Providers
  • Facilitating video consultations between Users and Providers through encrypted communication tools
  • Providing educational information about medical procedures, costs, and destinations
  • Handling payment facilitation between Users and Providers for medical services

3.2 What HealingTourist Does NOT Do

The following activities fall entirely outside the scope of HealingTourist's role and responsibility:

  • Practice of Medicine: HealingTourist does not practice medicine, provide medical advice, make medical diagnoses, or recommend specific treatments or procedures
  • Medical Outcomes: HealingTourist makes no representations or warranties regarding the outcome of any medical procedure, consultation, or second opinion
  • Employment of Providers: Providers listed on our Platform are independent licensed professionals. They are not employees, contractors, or agents of HealingTourist
  • Guarantee of Provider Quality: While we conduct vetting of Providers (see Section 9), we do not guarantee the quality, safety, or suitability of any Provider's medical services for your specific situation
  • Oversight of Medical Decisions: All medical decisions, treatment plans, surgical recommendations, and medication prescriptions are solely within the professional judgment of the selected Provider
  • Insurance or Coverage Determinations: HealingTourist does not provide, arrange, or advise on medical insurance coverage for services obtained through our Platform
⚠️

The Provider-Patient Relationship: When you engage with a Provider through HealingTourist, a direct provider-patient relationship is formed exclusively between you and that Provider. HealingTourist is not a party to that relationship and assumes no responsibility for the medical services rendered, the Provider's professional conduct, or the medical outcome of any treatment or consultation.

4

Medical Disclaimer

HEALINGTOURIST DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE FOR INFORMATIONAL AND FACILITATION PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

4.1 No Doctor-Patient Relationship With HealingTourist

Your use of the HealingTourist Platform does not create a physician-patient, therapist-patient, or any other healthcare provider-patient relationship between you and HealingTourist. Any information provided on our Platform — including educational content about procedures, cost comparisons, hospital descriptions, and physician profiles — is general informational content only and should not be relied upon as medical advice for your specific situation.

4.2 Emergency Medical Situations

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HealingTourist is not equipped to handle medical emergencies. If you or anyone else is experiencing a medical emergency, you must immediately call your local emergency services (911 in the USA) or go to the nearest emergency room. Do not use the HealingTourist Platform or contact our team as a means of responding to a medical emergency.

4.3 Independent Decision-Making

You acknowledge and agree that:

  • All decisions to pursue medical treatment, surgery, or any other medical intervention are yours alone, made freely and voluntarily
  • You will consult with qualified licensed healthcare professionals — including but not limited to Providers on our Platform — before making any significant medical decisions
  • The availability of a procedure on our Platform does not constitute a recommendation that the procedure is appropriate for you
  • Cost savings associated with treatment in India relative to your home country are not, by themselves, a sufficient basis for making medical decisions
  • You have independently verified the qualifications and credentials of any Provider you engage through our Platform before proceeding with medical care

4.4 Informational Content

Any cost estimates, procedure descriptions, recovery timelines, success rates, or outcomes information provided on the Platform are general, aggregate figures for informational purposes only. Individual results vary significantly based on patient health status, age, comorbidities, provider experience, and many other factors. HealingTourist makes no representation that any particular outcome described on our Platform is achievable for any individual User.

5

Second Opinion Service — Terms & Limitations

💬
The Second Opinion Service Is a Facilitation Service Only

HealingTourist's Second Opinion Service connects you with an independent licensed physician who will review your case and provide a professional Medical Opinion. This service is a marketplace facilitation — HealingTourist is not the provider of the second opinion, and the opinion rendered is the independent professional judgment of the reviewing Provider alone.

5.1 Nature of a Medical Second Opinion

You expressly understand and agree that:

  • A Medical Opinion rendered through HealingTourist's Second Opinion Service is the independent professional view of the reviewing Provider based solely on the documents and information you provide
  • A Medical Opinion is not a diagnosis, prescription, or treatment directive, and is not a substitute for in-person examination, comprehensive diagnostic workup, or ongoing care from a licensed physician familiar with your full medical history
  • A Medical Opinion is not binding on any physician, including your primary care physician or specialist, who retains full professional autonomy to agree, disagree, or recommend an alternative course of action
  • The reviewing Provider has not conducted a physical examination of you and their opinion is necessarily limited by the scope of documents and information provided
  • A Medical Opinion that differs from your existing diagnosis does not necessarily mean your original diagnosis was incorrect — reasonable physicians may reach different professional conclusions from the same clinical information

5.2 Quality and Accuracy Limitations

HealingTourist makes no warranty that any Medical Opinion rendered through the Platform will be accurate, complete, or appropriate for your situation. The accuracy of any Medical Opinion is dependent on the completeness and accuracy of information you provide to the reviewing Provider. HealingTourist is not responsible for any Medical Opinion that is rendered based on incomplete, inaccurate, or misrepresented medical information provided by the User.

5.3 No Guarantee of Agreement Between Opinions

HealingTourist makes no representation that a second opinion will confirm, contradict, or add to any existing medical opinion you have received. Medical opinions are professional judgments, and HealingTourist bears no liability for any action you take or decline to take based on the content of a Medical Opinion rendered through our Platform.

5.4 User Responsibility

You agree that:

  • You will share the Medical Opinion with your primary care physician or treating specialist before making any changes to your treatment plan
  • You will not alter, discontinue, or initiate any medication, treatment, or medical procedure based solely on a Medical Opinion without first consulting with a licensed physician who has conducted an in-person examination
  • HealingTourist bears no responsibility for any harm, injury, or adverse outcome resulting from your reliance on a Medical Opinion without obtaining independent in-person medical consultation
⚠️

Critical Disclaimer: If the Medical Opinion you receive through HealingTourist differs from your original diagnosis in a material way, you should seek an additional in-person consultation with a licensed physician before making any medical decisions. A written remote opinion, however professional, is not a substitute for comprehensive in-person clinical evaluation.

6

Medical Tourism Services — Terms & Limitations

6.1 HealingTourist's Facilitation Role

HealingTourist facilitates medical tourism by providing logistical coordination, information, and marketplace access to Providers in India. Our facilitation role is expressly limited to:

  • Providing information about available Providers and facilities
  • Facilitating introduction and communication between User and Provider
  • Coordinating travel logistics, including hotel referrals and airport transfer suggestions
  • Providing visa invitation letter support from partner hospitals
  • Facilitating pre-travel virtual consultations between User and Provider
  • Providing general guidance on preparing for treatment travel

6.2 Medical Treatment Responsibility

All medical treatment received through Providers accessed via HealingTourist is provided by those Providers independently and in their own professional capacity. HealingTourist:

  • Does not supervise, direct, or control the medical treatment rendered by any Provider
  • Does not guarantee the success, safety, or outcome of any medical procedure
  • Is not responsible for complications, adverse reactions, infections, medical errors, or any other harm arising from medical treatment received through a Provider
  • Is not responsible for the quality of post-operative care, rehabilitation, or follow-up treatment
  • Does not warrant that facilities, sterilization standards, or equipment meet any particular standard beyond what is described in the Provider's own accreditation materials

6.3 Travel and Logistical Risks

Medical travel involves inherent risks beyond the medical procedure itself. You expressly acknowledge and accept the risks of:

  • International air travel, including risks of deep vein thrombosis (DVT) in post-surgical patients
  • Differences in healthcare standards, practices, and legal frameworks between your home country and India
  • Complications from traveling internationally before full post-operative recovery
  • Difficulty obtaining follow-up care or treating complications upon return to your home country
  • Currency exchange fluctuations affecting final costs of care
  • Visa delays, denials, or travel disruptions outside HealingTourist's control
  • Force Majeure Events affecting travel or access to medical care

6.4 Insurance Responsibility

HealingTourist strongly recommends that all Users obtain comprehensive medical travel insurance prior to traveling for treatment. HealingTourist does not provide, broker, or guarantee any form of medical, travel, or malpractice insurance. The availability and terms of any insurance coverage are solely between you and your chosen insurer. HealingTourist is not liable for any costs, complications, or losses that would have been covered by adequate travel or medical insurance that you failed to obtain.

6.5 Legal Jurisdiction for Medical Services

Medical services received in India are governed by Indian law, Indian medical regulations, and the terms and conditions of the specific hospital or clinic providing treatment. Your recourse for medical malpractice, negligence, or adverse medical outcomes lies against the Provider under applicable Indian law, not against HealingTourist. HealingTourist is not in a position to facilitate medical malpractice claims against Indian providers and makes no representation about the availability or practicality of such legal remedies.

🌍

Important for US Patients: US medical malpractice laws and the US civil liability system do not apply to medical care received in India. Indian legal processes for medical disputes differ significantly from those in the United States. You should consult with an international medical law attorney before pursuing any legal claim related to medical care received abroad.

7

User Eligibility & Account Registration

7.1 Eligibility Requirements

To use the HealingTourist Platform, you must:

  • Be at least 18 years of age, or be the parent or legal guardian of a minor patient using the Platform with your supervision
  • Have the legal capacity to enter into a binding contract in your jurisdiction of residence
  • Not be barred from receiving services under applicable law in any jurisdiction
  • Provide accurate, complete, and current information during registration and inquiry submission

7.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, all activity that occurs under your account, and notifying HealingTourist immediately of any unauthorized access or suspected security breach at security@healingtourist.com. HealingTourist will not be liable for any loss or damage arising from your failure to maintain account security.

7.3 Accuracy of Information

You represent and warrant that all information you provide to HealingTourist and to Providers — including medical history, current medications, allergies, prior diagnoses, and any other health information — is accurate, complete, and not misleading. HealingTourist and Providers rely on the information you provide. You accept full responsibility for any harm, incorrect advice, or adverse outcome that results from inaccurate or incomplete information you provide.

8

User Obligations & Prohibited Conduct

8.1 Permitted Use

You may use the Platform solely for lawful personal purposes consistent with these Terms, specifically for seeking information about and facilitating medical tourism or second opinion services for yourself or a person for whom you are a legally authorized representative.

8.2 Prohibited Conduct

You agree that you will not:

  • Provide false, misleading, or fraudulent information to HealingTourist or any Provider
  • Impersonate any person or entity or falsely claim an affiliation with any person or entity
  • Use the Platform for any commercial purpose, including reselling access or recruiting patients on behalf of any hospital, clinic, or medical provider not listed on our Platform
  • Reverse engineer, scrape, or systematically extract data from the Platform
  • Upload or transmit any malicious code, virus, or other harmful software
  • Harass, threaten, or abuse HealingTourist staff, coordinators, or any Provider
  • Use the Platform to solicit or offer medical services, referral fees, or kickbacks outside the Platform's established processes
  • Circumvent Platform systems to communicate directly with Providers for the purpose of avoiding Platform fees after an introduction has been facilitated
  • Post false or defamatory reviews of Providers on the Platform
  • Violate any applicable local, state, national, or international law or regulation in connection with your use of the Platform

HealingTourist reserves the right to terminate your access to the Platform immediately and without notice for any violation of these prohibitions.

9

Provider Vetting & HealingTourist's Responsibility

9.1 Our Vetting Process

HealingTourist conducts a good-faith vetting process for Providers listed on our Platform, which includes:

  • Verification of medical license with the relevant Indian medical authority (Medical Council of India / National Medical Commission)
  • Confirmation of hospital or clinic accreditation status (JCI, NABH, or equivalent)
  • Review of publicly available professional background and credentials
  • Execution of a Provider Agreement including confidentiality and data protection obligations
  • Collection of malpractice insurance or indemnity confirmation where available

9.2 Limitations of Vetting

⚠️

Our vetting process is not exhaustive and does not constitute an endorsement, guarantee, or warranty of any Provider's medical competence, suitability for your case, or the quality of medical services they will render. HealingTourist is not a medical licensing authority and does not have the ability to independently assess clinical competency. You accept responsibility for conducting your own due diligence on any Provider before engaging their services.

9.3 Independent Contractor Status of Providers

All Providers listed on the HealingTourist Platform are independent contractors operating their own independent medical practices. No Provider is an employee, agent, partner, joint venturer, or franchisee of HealingTourist. HealingTourist has no right to control the manner, means, or content of any Provider's medical professional services. Any acts, omissions, negligence, misconduct, or malpractice of any Provider is solely attributable to that Provider and not to HealingTourist.

9.4 Provider Disputes

Any dispute arising from the medical services rendered by a Provider — including claims of medical negligence, malpractice, dissatisfaction with outcomes, billing disputes, or breach of the provider-patient agreement — must be directed to the Provider and, if applicable, the relevant regulatory or legal authority in India. HealingTourist may, at its sole discretion and without obligation, attempt to mediate communication between Users and Providers, but assumes no liability for the resolution or non-resolution of any such dispute.

10

Fees, Payments & Refunds

10.1 Facilitation Fees

HealingTourist charges Facilitation Fees for access to Platform services, including coordination services, Provider matching, and logistical support. These fees are separate from and in addition to any fees charged by Providers for medical services. All applicable fees will be disclosed to you before you commit to any paid service.

10.2 Provider Fees

Provider fees for medical services — including consultation fees, surgical fees, hospital charges, anesthesia, and post-operative care — are determined by the Provider and the Provider's institution, not by HealingTourist. Cost estimates provided by HealingTourist are indicative only. Final costs are established by the Provider's institution and may differ from estimates based on your specific medical situation, complications, extended hospital stay, or additional required treatments.

10.3 Payment Processing

Payments made through the Platform are processed by PCI-DSS compliant third-party payment processors. HealingTourist does not store payment card details. By submitting payment, you authorize HealingTourist to charge the stated amounts. All payments are made in US Dollars unless otherwise stated.

10.4 Refund Policy

ServiceRefund EligibilityTimeframe
Second Opinion — Not Yet StartedFull refund of HealingTourist Facilitation FeeRequest within 48 hours of payment
Second Opinion — Provider Assigned, Not Reviewed50% refund of Facilitation FeeRequest before records submitted to Provider
Second Opinion — Opinion DeliveredNo refund — service renderedN/A
Medical Tourism Coordination — Pre-TravelRefund of coordination fee minus processing costs14+ days before scheduled travel
Medical Tourism — Provider FeesSubject to Provider's own cancellation and refund policy; HealingTourist not responsiblePer Provider agreement
Force Majeure CancellationsFacilitation fee credited for future use; Provider fees subject to Provider policyOn occurrence

Refund requests must be submitted in writing to billing@healingtourist.com. HealingTourist is not responsible for refunds of Provider fees — those must be negotiated directly with the Provider.

10.5 Currency & Taxes

You are responsible for all applicable taxes, duties, or levies arising from your use of HealingTourist services or medical care received through our Platform. HealingTourist is not responsible for currency exchange losses or fluctuations affecting the cost of services.

11

Disclaimer of Warranties

THE HEALINGTOURIST PLATFORM AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, HealingTourist expressly disclaims all warranties regarding:

  • The accuracy, completeness, reliability, currency, or usefulness of any information or content on the Platform, including Provider profiles, cost estimates, procedure descriptions, and outcomes data
  • The qualifications, competence, or fitness for purpose of any Provider listed on the Platform
  • The quality, safety, efficacy, or outcome of any medical service obtained through a Provider
  • The accuracy or reliability of any Medical Opinion rendered through the Second Opinion Service
  • The uninterrupted or error-free operation of the Platform
  • The security of information transmitted through the Platform, beyond the security measures described in our Privacy Policy
  • The fitness of any medical facility or equipment used by any Provider
  • Compliance by any Provider with applicable laws, regulations, or professional standards

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, some of the above exclusions may not apply to you, and our liability will be limited to the greatest extent permitted by applicable law.

12

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALINGTOURIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF LIFE OR PHYSICAL INJURY; MEDICAL COMPLICATIONS OR ADVERSE OUTCOMES; LOSS OF INCOME OR PROFITS; EMOTIONAL DISTRESS; LOSS OF DATA; OR ANY OTHER INTANGIBLE LOSS — ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR SERVICES, OR THE MEDICAL SERVICES OF ANY PROVIDER, REGARDLESS OF WHETHER HEALINGTOURIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.1 Cap on Liability

In no event shall HealingTourist's total aggregate liability to you for all claims arising from or related to these Terms or your use of the Platform exceed the greater of: (a) the total Facilitation Fees paid by you to HealingTourist in the twelve (12) months preceding the event giving rise to the claim, or (b) One Hundred US Dollars (USD $100.00).

12.2 Medical Outcome Liability Exclusion

HealingTourist expressly excludes all liability for:

  • Any medical complication, adverse reaction, surgical error, infection, or other medical harm arising from treatment obtained through a Provider
  • Any harm arising from reliance on a Medical Opinion obtained through the Second Opinion Service without independent in-person medical evaluation
  • Any harm arising from medical decisions made by you based on information, cost comparisons, or content available on the Platform
  • Any harm arising from the professional acts, omissions, negligence, or misconduct of any Provider
  • Any harm arising from complications of international travel undertaken for medical purposes
  • Any claim that a Provider is not appropriately licensed, credentialed, or competent to perform the services engaged

12.3 Force Majeure

HealingTourist shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from a Force Majeure Event, including pandemic, natural disaster, government travel restrictions, acts of war or terrorism, or failure of critical third-party infrastructure. In such events, HealingTourist will use commercially reasonable efforts to assist affected Users, but assumes no liability for resulting costs, losses, or medical disruption.

12.4 Essential Basis of Bargain

You acknowledge that the limitations of liability set forth in this Section 12 are a fundamental element of the basis of the bargain between you and HealingTourist. HealingTourist would not be able to provide the Platform and Services on the terms offered without these limitations, and these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

13

Indemnification

You agree to defend, indemnify, and hold harmless HealingTourist, LLC and its officers, directors, employees, agents, licensors, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  1. Your use of or access to the Platform or Services
  2. Your violation of these Terms or any applicable law or regulation
  3. Your violation of any rights of any third party, including any Provider
  4. Any information or Content you submit to the Platform that is inaccurate, incomplete, or misleading
  5. Any medical decisions you make based on information obtained through the Platform or through a Provider
  6. Any claim by a third party arising from your use of the Second Opinion Service, including any reliance on a Medical Opinion without appropriate independent verification
  7. Your breach of any agreement you enter into with a Provider facilitated through the Platform
  8. Any claim that you lacked the authority to agree to these Terms on behalf of yourself or any person you represent

HealingTourist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HealingTourist in asserting any available defenses.

14

Dispute Resolution & Arbitration

⚖️

Please read this section carefully. It requires you to resolve disputes with HealingTourist through binding individual arbitration rather than court proceedings, and waives your right to participate in class action lawsuits against HealingTourist.

14.1 Informal Resolution First

Before initiating any formal dispute proceeding, you agree to first contact HealingTourist at legal@healingtourist.com and describe the nature of your dispute in detail. HealingTourist will attempt to resolve the dispute informally within 30 days. If the dispute is not resolved within 30 days, either party may proceed to arbitration as described below.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services — including questions about the existence, validity, or enforceability of these Terms — shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Wilmington, Delaware unless the parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND HEALINGTOURIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable, the entire arbitration agreement in this Section shall be deemed void, and any resulting litigation shall be conducted exclusively in courts located in Delaware.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 Arbitration Fees

For claims under $10,000, HealingTourist will pay all AAA filing fees. For claims of $10,000 or more, AAA fee allocation rules will apply. Each party bears its own attorneys' fees unless the arbitrator finds a claim or defense frivolous.

14.6 Disputes About Medical Care

Disputes arising from the medical services of a Provider are not disputes with HealingTourist and are not subject to this arbitration clause. Such disputes are between you and the Provider and are governed by the Provider's own terms and applicable Indian law.

15

Governing Law & Jurisdiction

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 14, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any dispute not subject to arbitration.

You acknowledge that HealingTourist's Services are provided from the United States and that these Terms are entered into in the United States. If you are accessing the Services from outside the United States, you are responsible for compliance with all applicable local laws.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16

Termination

16.1 Termination by HealingTourist

HealingTourist reserves the right to suspend or terminate your access to the Platform and Services at any time, with or without notice, for any reason, including but not limited to: your violation of these Terms, fraudulent or abusive conduct, legal requirements, or business necessity. Upon termination, your right to use the Platform immediately ceases.

16.2 Termination by You

You may terminate your use of the Platform at any time by ceasing to use the Platform and, if applicable, by submitting a written account deletion request to privacy@healingtourist.com. Termination does not relieve you of obligations incurred prior to termination, including payment obligations and indemnification duties.

16.3 Survival

The following sections survive termination of these Terms: Definitions (2), Medical Disclaimer (4), Disclaimer of Warranties (11), Limitation of Liability (12), Indemnification (13), Dispute Resolution (14), Governing Law (15), and any other provisions that by their nature should survive termination.

17

Intellectual Property

The HealingTourist Platform, including its design, content, software, trademarks, logos, and all other intellectual property, is owned by or licensed to HealingTourist and is protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purposes in accordance with these Terms.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Platform without HealingTourist's express prior written consent, except for temporary storage of cached pages in your web browser for personal use.

By submitting Content to the Platform, you grant HealingTourist a non-exclusive, worldwide, royalty-free license to use that Content solely for the purpose of providing the Services to you. HealingTourist does not claim ownership of your medical records or health information.

18

Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and HealingTourist with respect to the Platform and Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

18.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall continue in full force and effect.

18.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. HealingTourist's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without HealingTourist's prior written consent. HealingTourist may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, without notice to you.

18.5 Notices

HealingTourist may provide notices to you by email to the address associated with your account or by posting on the Platform. You may provide notices to HealingTourist by email to legal@healingtourist.com. Notices are deemed received when sent (for email) or when posted (for Platform notices).

18.6 Updates to These Terms

HealingTourist may revise these Terms at any time. We will provide at least 30 days' notice of material changes via email and Platform notice. Your continued use of the Platform after the effective date of any revision constitutes your acceptance of the updated Terms. If you do not accept updated Terms, you must stop using the Platform before the effective date of the change.

18.7 Accessibility

If you require these Terms in an alternative format due to a disability, please contact us at accessibility@healingtourist.com and we will make reasonable accommodations.

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Contact Information

For questions, concerns, or notices related to these Terms of Service, please contact HealingTourist through the appropriate channel below.

⚖️ Legal & Terms Inquiries

Email: legal@healingtourist.com
Subject: "Terms of Service — [Your Inquiry]"
Response: Within 5 business days

💳 Billing & Refunds

Email: billing@healingtourist.com
Subject: "Billing Inquiry — [Order ID]"
Response: Within 3 business days

🔒 Privacy Officer

Email: privacy@healingtourist.com
For data rights requests and privacy concerns
Response: Within 48 business hours

📬 Registered Agent / Legal Notices

HealingTourist, LLC
Attn: Legal Department
[Street Address]
Wilmington, Delaware 19801
United States of America

📜

Legal Disclaimer

These Terms of Service represent HealingTourist's good-faith effort to establish clear terms of use and appropriate liability protections for a technology marketplace platform. They do not constitute legal advice. HealingTourist strongly recommends that all users seek independent legal counsel if they have questions about their rights under these Terms or in connection with medical care obtained abroad. These Terms should be reviewed and finalized by a qualified attorney admitted to practice in the relevant jurisdiction before being relied upon as a binding legal document.

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