Telemedicine Service

Telemedicine Service Policy Available in Thailand only The Smile Migraine application (the "Application") operates as a technology platform to facilitate communication and health consultations between users ("Users" or "Patients") and doctors or healthcare personnel licensed to practice medicine by the Medical Council of Thailand, via electronic means including text, voice, or video calls, on iOS, Android, and/or web application platforms. The telemedicine service under this Policy is available only to Users located in Thailand, and is provided through a healthcare facility duly licensed under the Healthcare Establishment Act B.E. 2541 (1998), consistent with the Ministry of Public Health's Notification on Standards of Service for Medical Facilities via Telemedicine System B.E. 2564 (2021), and the Medical Council of Thailand's Notification No. 54/2563 (2020) on Guidelines for Telemedicine Practice and Online Clinics. Use of the telemedicine service through this Application constitutes acknowledgment that the User has read, understood, and accepted this Policy in full, together with the Application's general Terms of Service and Privacy Policy. 1. Scope and Nature of the Telemedicine Service 1.1 Telemedicine / telehealth service means the provision of health consultations by a licensed doctor through remote communication technology, where the User and the doctor are not in the same physical location. 1.2 This service is not an emergency medical service and is not suitable for cases requiring urgent treatment, in-depth physical examination, laboratory testing, or continuous treatment and monitoring at a healthcare facility. 1.3 This service is provided through a duly licensed healthcare facility, and every attending doctor holds a valid medical license from the Medical Council of Thailand that has not been revoked or suspended, in accordance with the Medical Profession Act B.E. 2525 (1982). 2. Geographic Scope of Service 2.1 The Company provides the telemedicine service only to Users located within the Kingdom of Thailand at the time of the consultation, regardless of the User's nationality. 2.2 If a User is located outside the Kingdom of Thailand at the time of access, the system will not permit access to the telemedicine feature, and will display a notice that this feature is not available at the User's current location. The inability to use this service under such circumstances does not constitute any fault or liability on the part of the Company. 2.3 Where a User is a Thai national residing abroad, the Company may, at its discretion, arrange a consultation as a special exception, coordinated only by the Company's staff (Admin) and not through the automated booking system. In such cases, the User acknowledges and agrees that: (a) the consultation provided under this arrangement is preliminary guidance only, and the doctor may be unable to diagnose or prescribe certain medications due to legal or technical limitations; (b) the Company does not warrant that the delivery of medication or medical supplies to a foreign country is possible or lawful under the customs and drug control laws of the destination country; and (c) the User is responsible for checking the laws and medication import requirements of their country of residence before the appointment. 3. Role of the Company and the Attending Physician 3.1 The Company acts solely as a technology platform provider to facilitate communication between the User and the doctor or healthcare personnel. 3.2 The Company does not practice medicine and does not participate in any diagnosis, treatment, or medical decision-making. 3.3 Diagnosis, medical advice, and treatment are matters of clinical judgment, responsibility, and professional practice belonging solely to the attending doctor. 3.4 The attending doctor is required to provide services to the same standard as in-person treatment at a healthcare facility, including verifying both their own identity and the User's identity before every consultation, as required under Medical Council Notification No. 54/2563 and the Ministry of Public Health's Notification on Telemedicine Service Standards B.E. 2564 (2021). 4. Pre-Consultation Disclosure Before each consultation begins, the doctor or the Company's system will inform the User of the following, as required by law: - The treatment method and service procedure. - The risks and limitations of receiving care via telemedicine, as compared with in-person treatment at a healthcare facility. - The User's right to request to end the telemedicine consultation and instead receive in-person treatment at a healthcare facility, where the doctor considers this necessary. 5. Limitations and Risks of Remote Service The User acknowledges and accepts that the telemedicine service may have limitations and risks, including but not limited to: - Information received may be incomplete or unclear (e.g., the quality of images, audio, or information provided by the User). - Delays, interruptions, or technical issues with the system or network. - Limitations in physical examination or assessment of certain conditions. The User agrees to provide accurate, complete, and up-to-date health information to support the medical consultation. The User acknowledges that if they deliberately conceal, misrepresent, or provide false information regarding their health history, symptoms, or current medication, resulting in an incorrect diagnosis or treatment by the attending doctor, neither the Company nor the attending doctor will be liable for any harm or adverse effects arising from such deliberate concealment or misrepresentation. The User is required to strictly follow the instructions and treatment plan given by the attending doctor. 6. Emergency Situations ⚠ If a User experiences an emergency, a severe condition, or a situation requiring urgent care, the User must call the emergency medical hotline 1669 (the National Institute for Emergency Medicine, under the Emergency Medical Act B.E. 2551 (2008)) or go to the nearest healthcare facility immediately. Under no circumstances should the telemedicine service in this Application be used in an emergency situation. 7. Prescribing and Dispensing of Medication Where a doctor considers it appropriate to prescribe medication following a telemedicine consultation, prescribing is a matter of the sole clinical judgment and professional responsibility of the attending doctor, which must comply with the Drug Act B.E. 2510 (1967), the Narcotics Code B.E. 2564 (2021) (for narcotic drugs and psychotropic substances), and applicable notifications or guidelines of the Medical Council of Thailand and the Thai Food and Drug Administration. The Company has no involvement in, and no responsibility for, the attending doctor's clinical judgment in prescribing medication. Delivery of medication to the User (where applicable) is carried out only by a healthcare facility or pharmacy duly licensed under the law. The Company acts solely as a delivery coordinator and is therefore not responsible for delays or damage to medication or medical supplies caused by external couriers. Nonetheless, the Company will assist in coordinating, tracking, and resolving any such issues to the best of its ability. 8. AI and Chatbot Systems The User acknowledges that any artificial intelligence (AI) or chatbot system that may be used alongside the Application is not a doctor or healthcare professional, and cannot be used for diagnosis, treatment, or any medical decision-making under any circumstances. 9. Minors and Dependents A minor under 20 years of age under the Civil and Commercial Code may use the telemedicine service only where a parent or legal guardian gives consent and remains present throughout the consultation, as set out in the Application's general Terms of Service. 10. Personal Data and Privacy The collection, use, and disclosure of personal data and health data relating to the telemedicine service is governed by Thailand's Personal Data Protection Act B.E. 2562 (2019) (PDPA), in particular Section 26, which classifies health data as sensitive data requiring the User's explicit consent before processing. Further details are set out in the Company's Privacy Policy, which forms part of this Policy. The User acknowledges and consents that the system will record the conversation, chat history, images, and/or audio during the telemedicine consultation, for use as part of the medical record required under professional practice regulations, and for the protection of the User's safety. The Company will store such data under the highest security measures. 11. Complaints Channel Complaints regarding the quality of service of the Application or the Company may be directed to [email protected]. Complaints regarding the ethics or professional standards of an attending doctor may be filed directly with the Medical Council of Thailand, through the channel it designates. 12. Acceptance of Terms Clicking "Accept" or beginning to use the telemedicine service constitutes the User's acknowledgment, understanding, and full acceptance of this Telemedicine Service Policy, and agreement to be bound by all conditions set out herein. Consent to this service is a separate consent (Layer 2) from the consent given for the Application's basic features, as set out in the general Terms of Service, and may be withdrawn at any time via the "Privacy Settings" menu; such withdrawal will take effect with respect to future use of this feature.