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Doximity Client Portal Terms of Service

Effective Date: September 21, 2023


The Doximity Client Portal (the “Portal”) and all data and other information made available through the Portal (collectively, the “Doximity Data” and together with the Portal, the “Service”) are intended for use by and on behalf of customers of Doximity, Inc. (“Doximity,” “we,” “us,” or “our”) and the entities and individuals that represent them (collectively, “Customers”). These Portal Terms of Service (“Terms”), together with any agreement signed by or on behalf of the applicable Customer and Doximity that addresses certain elements of the Service (each, a “Customer Agreement”), govern such Customer’s use of the Service. If Customer is an agency representing or acting on behalf of an entity, Customer represents and warrants that it has the authority to bind that entity to these Terms, all actions in relation to the Service are within the scope of such authority, and by accepting these Terms, Customer is doing so on behalf of that entity (and all references to “you” in these Terms refer to that entity).

1. USE OF THE SERVICE

  1. Permitted Use. We will provide the necessary links or other access protocols to enable authorized Customers to access the Portal. You may access and use the Service for internal business purposes in accordance with these Terms. You will not (and will not permit anyone else to):

    • use the Service in any way that is unlawful or not expressly permitted in these Terms;
    • share Portal access links, protocols, or credentials with any individual or entity without Doximity’s written consent;
    • allow any third party including without limitation your independent contractors to access or use the Portal or Doximity Data without Doximity’s written consent;
    • attempt to obtain unauthorized access to the Portal or Doximity Data, including by misrepresenting your identity, affiliation, or authority to act on behalf of a particular entity;
    • access or use the Service to act as a service bureau or otherwise rent, lease or resell the Service, in whole or in part;
    • use the Portal to transmit information that infringes or violates third party rights including without limitation intellectual property, publicity or privacy rights, or violates applicable laws, rules or regulations;
    • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Portal or any related technology;
    • access the Portal or Doximity Data for the purpose of developing or improving a competitive product or service;
    • introduce into the Portal any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
    • use any software, devices, scripts, robots or any other means or process to view, access or “scrape” the Doximity Data or otherwise copy information made available through the Portal;
    • reproduce or redistribute content provided through the Portal through “framing” or “mirroring” or through third parties; or
    • use the Portal in any manner that could disable, overburden, damage, or impair any component of Portal.

    Customer is responsible for any and all access or use of the Service by its employees, independent contractors, and representatives. We are not responsible to any Customer for any harm caused by individuals who were not authorized to access the Service but whose unauthorized access was caused by such Customer, including where an unauthorized individual was able to access the Service because the Customer did not ask us to terminate their access on a timely basis or failed to deactivate their Customer-affiliated email address. We reserve the right to monitor your use of the Service and to suspend or terminate your access without notice if we determine that you have violated these Terms, or if we determine that that continued access to the Service, in whole or in part, poses any risk of harm to Doximity or any third party. In no event will Doximity be liable for any such suspension or termination.

  2. Engagement Data. Any information about an identifiable individual’s engagement with a Doximity advertising campaign that is included in the Doximity Data (collectively, “Engagement Data”) may be used by the applicable advertiser Customer for the sole purpose of evaluating the performance of the associated Doximity campaign, in compliance with applicable law (the “Permitted Use”). For the avoidance of doubt, Engagement Data may not be used to create or supplement a database of individuals’ usage patterns, preferences, or other behavioral profiles for any purpose, including to retarget such individuals for marketing purposes, or in connection with the development, promotion or sale of information products or services. Engagement Data may not be shared with any third party without obtaining Doximity’s prior written consent which may be withheld or rescinded in its sole discretion, and if granted, will be subject to the third party’s execution of Doximity’s Data Use Agreement limiting its use of the Engagement Data to assisting the advertiser with the Permitted Use. In no event will any party authorized to access Engagement Data use such Data for its own business purposes or for the benefit of any person or entity other than the applicable advertiser Customer as described above.

    Engagement Data recipients shall comply with applicable data privacy laws including the California Privacy Rights Act (“CPRA”) and the Colorado Privacy Act (collectively, “Data Privacy Laws), and to the extent legally required or reasonably requested by Doximity, will provide relevant information to Doximity and its auditors to demonstrate compliance with such laws. Additionally, each such recipient shall provide reasonable support to Doximity to enable Doximity to respond to data subject requests in order to exercise their rights under applicable Data Privacy Laws, and will return or destroy the Engagement Data at the end of the term of the applicable Customer Agreement . In no event will any Engagement Data recipient “sell” or “share” Engagement Data as such terms are defined under the CPRA. Notwithstanding anything to the contrary herein or in any Customer Agreement, Doximity will have no obligation to make available any Engagement Data if Doximity determines that it is prohibited from doing so under applicable Data Privacy Laws.

    You shall at all times maintain reasonable and appropriate administrative, physical, and technical measures to safeguard Engagement Data, which measures shall be at least as protective as those required by applicable law, and promptly notify Doximity at privacy@doximity.com of any unauthorized access, use or disclosure of Engagement Data (an “Unauthorized Use”) and include in the notice a description of the incident including the Engagement Data that was compromised and any corrective action taken by you. You shall use best efforts to immediately contain and remedy any Unauthorized Use and cooperate with Doximity to prevent any future Unauthorized Use of Engagement Data.

  3. Customer Information. If you submit information to the Portal on behalf of a Customer, such as a list of healthcare providers the Customer wishes to reach with its advertising content through a campaign conducted by Doximity (“Customer Information”), you represent and warrant that you have the right to share and license the Customer Information for the purposes set forth herein, and you will use any reports and other information generated by the Portal in response to such submission for the sole benefit of such Customer. Doximity Data constitutes Doximity confidential information under the confidentiality terms of any Customer Agreement entered into by Doximity and the applicable Customer, and may not be shared with any individual or entity except as expressly approved by Doximity in writing.

  4. Availability. We make reasonable efforts to keep the Service fully available to authorized users at all times, however we may encounter technical difficulties or engage in maintenance or updates that may cause temporary interruptions. The Portal may be impacted by events beyond our reasonable control, including denial-of-service attacks, a failure by a third party provider, acts of God, and government action. We will not be liable by reason of any failure or delay in our provision of the Service due to any of the aforementioned reasons. We reserve the right, at any time, to modify, suspend or discontinue access to the Service or any components thereof, without liability to you.

  5. Privacy. The Portal Privacy Policy explains how personal information is collected, used and shared in connection with your use of the Portal. By accessing and using the Portal, you consent to the handling of your personal information as described in the Portal Privacy Policy.

2. OWNERSHIP AND LICENSES

  1. Proprietary Rights. You acknowledge that Doximity and its licensors own and shall retain all right, title, and interest in and to the Service and any underlying or other technology, ideas, algorithms, models, processes, techniques, user interfaces, database design, architecture, and “know-how,” embodied in the Service. We reserve all rights in the Service not expressly granted in these Terms including without limitation title, ownership, intellectual property rights in the Service and our consent to your use of the Service does not impair those rights in any way. The name Doximity, the Doximity logo and other Doximity logos and product and service names are the exclusive trademarks of, and are owned by, Doximity, and you may not use or display such trademarks in any manner without Doximity’s prior written permission. Any third party trademarks and logos displayed on the Portal are the property of their respective owners. Your use of the Portal grants you no right to reproduce, license or otherwise use any such trademarks, logos or other proprietary marks.
  2. License to Customer. Subject to these Terms, we grant authorized Customers a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access and use the Service for the purposes expressly authorized by Doximity.
  3. License to Doximity. As between you and Doximity, all Customer Information that you submit to the Portal remains the Customer’s property. Customer grants Doximity a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use and display Customer Information and Client’s logos, trademark, and name in connection with Doximity’s provision of the Service. By submitting ideas, suggestions, or other feedback to Doximity, you agree that we can use, share and commercialize such feedback for any purpose without restriction and without any obligation to make any compensation to you.

3. DISCLAIMERS AND LIMITATION OF LIABILITY

  1. Warranty Disclaimer. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT INFORMATION YOU OBTAIN THROUGH THE Portal IS ACCURATE, COMPLETE, ERROR-FREE, OR SUFFICIENT FOR YOUR PURPOSES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.
  2. Limitation of Liability. IN NO EVENT WILL DOXIMITY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SHAREHOLDERS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR DAMAGES RELATING TO THESE TERMS OR ARISING FROM YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICE OR ANY COMPONENT THEREOF INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL, OR ANY OTHER INTANGIBLE LOSS, IN EACH CASE REGARDLESS OF HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER THEY WERE OTHERWISE FORESEEABLE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

4. INDEMNITY.

Customer agrees (on behalf of itself and any third party entity it is authorized to represent hereunder) to indemnify, hold harmless Doximity, its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) Customer’s or any of its representative’s failure to comply with these Terms, or (b) Customer Information.

5. TERM.

These Terms will remain in full force and effect during the period that Customer has access to the Portal. All sections of these Terms that by their nature should survive termination shall survive termination including without limitation Engagement Data, Ownership and Licenses, Disclaimers and Limitation of Liability, Indemnity, Choice of Law; Dispute Resolution, and Additional Terms

6. CHOICE OF LAW; DISPUTE RESOLUTION.

These Terms and the Service, as well as all related disputes, are governed by the laws of the State of California, without giving effect to its conflict of law provisions, regardless of from where you access the Service. You agree that the exclusive place of jurisdiction for all disputes and claims relating to the Service and/or these Terms is San Francisco County, California, or the United States District Court for the Northern District of California.

7. INJUNCTIVE RELIEF.

You acknowledge that the limitations and restrictions in these Terms are necessary and reasonable to protect Doximity, and agree that monetary damages may not be a sufficient remedy if you breach these Terms. In recognition of that, if Doximity brings any action or motion for injunctive relief due to your breach of these Terms, you agree not to assert that monetary damages would be sufficient remedy for that breach. You agree that Doximity is entitled to seek temporary or permanent injunctive relief against any threatened violation of such limitations or restrictions, or the continuation of any such violation, in any court of competent jurisdiction, without the necessity of proving actual damages.

8. ADDITIONAL TERMS

  1. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
  2. No Waiver. Failure to enforce any part of these Terms is not a waiver of the right to later enforce that or any other part of these Terms.
  3. Relationship of the Parties. You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between the parties as a result of these Terms or your use of the Service.
  4. Notice. Our notice to you via email, regular mail or notices, posts, or links within the Service shall constitute acceptable notice to you under these Terms. You must provide any notice to us in writing and send via overnight courier.
  5. Assignment. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third parties to fulfill its duties and obligations under these Terms and in connection with the Service.
  6. Changes to these Terms. We reserve the right to modify these Terms and any policies applicable to your use of the Service at any time in our sole discretion. When we make a change, we will post the updated Terms to the Portal with a new “Effective Date.” We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by email or another manner through the Service. Any modifications to these Terms will be effective upon posting or as otherwise indicated at the time of posting. In all cases, by continuing to access the Portal after posting of the updated Terms, you are consenting to the changes. If you object to any changes, your sole recourse is to terminate your use of the Portal. Except as otherwise expressly stated by Doximity any use of the Portal is subject to the version of these Terms in effect at the time of use.
  7. Entire Agreement. These Terms and any applicable Customer Agreement constitute the entire, complete and exclusive agreement between the parties relating to your use of the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If there is a conflict between a provision of these Terms and a Customer Agreement, the Customer Agreement will control only to the extent of the conflicting provision.
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