Using Clickwrap for Telemedicine EULAs

Clickwrap for Telemedicine EULAs-20

Telemedicine has exploded in popularity over the past few months as doctors and patients look for ways to restrict face-to-face contact. CVS Health reported a 600% increase in virtual care visits during the first quarter of 2020 compared to a similar timeframe in 2019. That dramatic rise is unlikely to abate anytime soon.

Related: One Click Contract: COVID-19 Return to Work Daily Certification

Software providers have stepped in to help healthcare organizations continue to virtually deliver critical care. However, in order for that relationship to work, those software providers need healthcare organizations to agree to end-user license agreements (EULA). In addition, those agreements must be tracked.

Traditional models of receiving those agreements, such as simple shrinkwrap agreements or manual solutions, do not work at scale for telemedicine. In order for telemedicine software providers to continue to support healthcare organizations, they need a better way to keep track of their terms. Now that telemedicine software providers are becoming a truly essential service, they need clickwrap to track the acceptance of their license agreements.

Related: How to Adjust Your Healthcare Business to COVID-19 Changes

How EULAs are typically signed

The traditional way of “signing” EULAs is done through “shrinkwrap.” The term comes from the days when software was delivered in a physical, disk form. Within those shrinkwrapped packages, there would be a disclaimer that agreement to the EULA is a prerequisite for using the software.

Related: One Click Contract: End-User License Agreement (EULA)

Though software no longer requires CD-ROMs to install, shrinkwrap’s digital cousin, browsewrap, works under the same premise. A disclaimer is displayed announcing that continuing to use the product equates to a formal agreement to the EULA.

Why the traditional signing method doesn’t work

Agreements need to be enforceable. In order for EULAs to be enforceable, they need to be trackable. Unfortunately, shrinkwraps, like browsewraps, are not trackable.

In order to track agreements successfully, there are a number of items you need to keep at hand. You need to have key biographical information of the individuals who agree to those terms. You also need to be able to pair each agreement, and which iteration of that agreement, each person agreed to.

Related: Conducting a Remote Intake Process

Without that information, your EULA may not be enforceable in court. The solution, then, is clickwrap. Where shrinkwrap and browsewrap are not built for robust tracking, clickwrap provides the security that your software solution requires.

A clickwrap solution: TeleVet

TeleVet, founded in 2015, is a telemedicine solution made for veterinarians. Pet owners can use TeleVet for everything from a remote check-up to an after-hours emergency call.

When COVID-19 forced pet owners to avoid in-person visits, TeleVet saw an uptick in interest in their product. What TeleVet needed was a better way to monitor the acceptance of the EULA within their offering that could work at scale.

TeleVet partnered with PactSafe, who then provided a clickwrap solution that more than met their needs. Clinics now agree to TeleVet’s EULA digitally, providing not only a quick adoption time, but trackability for each and every contract signed. Not only can TeleVet quickly expand its operations, but it is also amply protected if it ever needs to enforce the agreements.

Related: 3 Ways the Healthcare Industry Will Change Due to COVID-19

Old-fashioned systems struggle at scale and do not provide the trackability necessary to enforce those agreements. Telemedicine software providers are finding themselves with a rapid, dramatic increase in interest in their products. The solutions they provide are also crucial to the modern healthcare system.

Therefore, that increased demand requires modernization in how the EULAs are agreed to. In order for telemedicine software solutions to continue to grow, they need security alongside simplicity in adoption. Clickwrap provides both.  

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