MSO Terms and Conditions

Terms and Conditions

These Terms and Conditions and our Privacy Policy set forth the terms and conditions governing the telehealth services (the “Service”) provided to you via the Hinge Health digital care program.  Hinge Health MSO, Inc. contracts with a network of professional organizations to provide the clinical portion of the services for Hinge Health to you.  Hinge Health MSO, Inc. (“We”, “Us”, “Our”, or “Hinge Health MSO”) is an independent management entity with a national network of physicians, physical therapists and other healthcare providers who provide clinical telehealth services.  Please read these terms and conditions carefully before using the Service.  If you are accepting these terms and conditions for another person, such as as a parent or guardian of a minor or incapacitated adult, you agree to these terms and conditions on behalf of that person, and all references to “You” refer to that person.

By accessing or using the Service, you agree to be bound by these terms and conditions (this “Agreement”).  Hinge Health MSO and its team of licensed clinicians has the right to accept or reject any applicant for Services, in its sole and complete discretion.  

1. Scope of Service

This Agreement applies only to your use of the Service. We have other websites and services that may be covered by different terms and conditions of use, and are available at www.hingehealth.com/legal-page-summary/.      

By utilizing the Service, you hereby certify that you will not seek payment for the Service from any state healthcare program such as Medicaid.  You also understand that if you are seeking evaluation, diagnosis, or treatment for an injury for which benefits are recovered or can be recovered under any workers’ compensation, employer’s liability or occupational disease law, you are not eligible to utilize the Service. If you provide false or deceptive information regarding your federal healthcare program enrollment status (including Medicare or Medicaid) or workers’ compensation related injury, We reserve the right to immediately terminate all current or future use of the Service by you.    

2. Permission to Treat

By seeking care with us, you give permission to our providers to medically care for you. You may withdraw this consent at any time by no longer seeking Services from Us.

3. Requirement to Establish Care 

You must first establish a physician-patient, or physical therapist-patient relationship before obtaining medical or telehealth advice from any of our licensed clinicians.  Using, accessing, and/or browsing the Website or Application or providing personal medical history does not create a physician-patient or physical therapist-patient relationship between you and Hinge Health MSO or any of its employees and/or affiliates.  

Any content accessed through the Service is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service should not be used during a medical emergency. 

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by Hinge Health MSO.  Call 911 or your doctor for all medical emergencies. 

4. INFORMED CONSENT 

Telehealth involves the use of electronic communications to enable health care providers (“treating providers”) and patients to exchange health and medical information from one site to another for the purpose of treatment or patient care.  Telehealth does not include the provision of health care services only through an audio only telephone, email messages, text messages, facsimile transmission, U.S. Mail or other parcel service, or any combination thereof.  Treating providers may include physical therapists, primary care practitioners, specialists, and/or subspecialists.  The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:

• Patient medical records;

• Medical images;

• Live two-way audio and video; and/or

• Output data from medical devices and sound and video files.

The Telehealth services You receive from treating providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some treating providers. You should seek emergency help or follow-up care when recommended by the treating provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. 

The practice of healthcare by Telehealth does not alter any obligation of the treating providers regarding patient confidentiality or recordkeeping. Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Expected Benefits:

• Reduce the need for travel to a distant consultation site;

• Reduce cost and improve access to limited services and care management; and/or

• Obtain expertise of a distant health care provider or specialist.

Possible Risks:

As with any medical procedure, there are potential risks associated with the use of Telehealth.  These risks include, but may not be limited to:

• In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision making by the health care provider(s);

• Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment including disconnection of the technology during a Telehealth consult. If this happens you may be contacted by phone or other means of communication. 

• In rare instances, security protocols could fail, causing a breach of privacy of personal medical information.

• In rare cases, a lack of access to complete medical records may result in treatment or judgment errors, such as adverse drug interactions or allergic reactions.

By using the Service, you understand and agree that:

1. The laws that protect privacy and the confidentiality of medical information also apply to Telehealth, and that no information obtained in the use of Telehealth which identifies me will be disclosed to researchers or other entities without my consent. More information is provided in the Notice of Privacy Practices available at www.hingehealth.com/about/hipaa/ and www.hingehealth.com/about/mso-notice-of-privacy-practices/.

2. You have the right to withhold or withdraw your consent to the use of Telehealth in the course of your care at any time by emailing help@hingehealth.com, without affecting your right to future care or treatment. Note that withdrawing your consent to the use of Telehealth will result in inability to use some aspects of the Service.

3. You have the right to inspect all information obtained and recorded in the course of a Telehealth interaction, and may receive copies of this information for a reasonable fee.

4. Your primary care provider may obtain a copy of your telehealth encounter records.

5. A variety of alternative methods of medical care may be available to you, and that you may choose one or more of these at any time. Your treating provider has explained the alternatives to your satisfaction.

6. Your treating provider may determine that the Telehealth services are not appropriate for some or all of your treatment needs, and accordingly may not elect to provide Telemedicine services.

7. If someone other than you healthcare provider is present during the consultation in order to operate the video equipment or take notes, that individual will be properly trained and required to keep the information confidential.  You further understand that you will be informed of their presence in the consultation and have the right to request the following: (1) omit specific details about your personal medical history or physical examination that is personally sensitive to you; (2) ask non-medical personnel to leave the Telehealth examination room and/or (3) terminate the consultation at any time.

8.  Telehealth may involve electronic communication of your personal medical information to other healthcare or medical practitioners who may be located in other areas, including out of state.

9. Your treating provider may perform a physical examination through these technologies. 

10. Providers may record video conference consultations and Hinge Health MSO may record telephone calls for quality purposes.  You understand that Hinge Health MSO itself does not provide any medical or provider services.

11. It is your duty to inform your treating provider of electronic interactions regarding your care that you may have with other healthcare providers.

12. You may expect the anticipated benefits from the use of Telehealth in your care, but that no results can be guaranteed or assured.

13. Receiving Telehealth services does not prohibit you from consulting with another healthcare provider who you have an ongoing relationship with, and who has agreed to supervise your treatment, including the use of any prescribed medications.

14.  You may be receiving the physical therapy services without having obtained a referral for those physical therapy services from a physician, dentist, podiatrist, or nurse practitioner. You understand that a physical therapy diagnosis is not a medical diagnosis by a physician or based on radiological imaging.  If you are obtaining physical therapy services without a referral, your healthcare plan/insurer may not cover the cost of those physical therapy services. You may, therefore, be personally responsible for the total cost of the physical therapy services you receive.  Your healthcare plan/insurer may cover the costs of those same physical therapy services if you received a referral from a physician, dentist, podiatrist, or nurse practitioner prior to obtaining those same services. Further information on the scope and limitations of the practice of physical therapy can be reviewed here.

Patient Consent To The Use of Telehealth

I have read and understand the information provided above regarding Telehealth, have discussed it with my healthcare provider or such assistants as may be designated, and all of my questions have been answered to my satisfaction. I hereby give my informed consent for the use of Telehealth for my healthcare.

I hereby authorize Hinge Health MSO to use Telehealth in the course of my diagnosis and treatment.

I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEHEALTH, AND BY ACCEPTING THESE TERMS OF USE I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEHEALTH VISIT UNDER THE TERMS DESCRIBED HEREIN. BY SIGNING UP FOR SERVICE WITH HINGE HEALTH I AM CONSENTING TO RECEIVING CARE VIA THE SERVICE.

FOR CALIFORNIA AND VIRGIN ISLANDS PATIENTS

Direct Physical Therapy Treatment Services

You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California or Virgin Islands, as applicable.  Under California or Virgin Islands law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, (unless Hinge Health policy sets a lower limit) whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and surgeon’s certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the California Board of Podiatric Medicine or, if applicable, a Virgin Islands physician, surgeon or podiatrist, acting within his or her scope of practice, a dated signature on the physical therapist’s plan of care indicating approval of the physical therapist’s plan of care and that an in-person patient examination and evaluation was conducted by the physician and surgeon or podiatrist.

5. Text Message and Short Code Terms 

By opting in you are agreeing to receive informational messages, messages from your coach and notifications about your scheduled events. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to Us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from Us. If you want to join again, contact us at help@hingehealth.com. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@hingehealth.com. Carriers are not liable for delayed or undelivered messages.  As always, message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.  If you have any questions regarding privacy, please read our Privacy Policy.

6. Use of your Information/ Privacy Policy

Hinge Health MSO will only use information you provide as permitted by the Privacy Policy, Our Notice of Privacy Practices, and applicable law. The purpose of Our Privacy Policy is to identify the information We collect online, the steps We take to protect it and your choices regarding how that information is used. In addition, when Hinge Health MSO is acting as a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”), Our Notice of Privacy Practices applies to those services.

7. Intellectual Property

The Service is owned by Hinge Health MSO. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the Service during the term of this Agreement, so long as you comply with the terms of this Agreement. You agree not to use the Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Service without Our prior written consent.

All materials available through the Service may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials is allowed without express written permission of Hinge Health MSO.

Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by Hinge Health MSO, or for licensed content, the content providers.

None of the names, trademarks, service marks and logos of Hinge Health MSO appearing on the Service may be used in any advertising or publicity, or otherwise to indicate Hinge Health MSO’s sponsorship of or affiliation with any product or service without express written permission of Hinge Health MSO. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of Hinge Health MSO or the third-party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.

You also understand and agree that any and all comments, suggestions, ideas or feedback (collectively, “Feedback”) you provide us about the Service or any Hinge Health products or offerings, including how to improve them, is or becomes the exclusive property of Hinge Health MSO, including any associated rights to such Feedback, and Hinge Health may freely use, copy, make, sell, reproduce or modify Feedback in any manner without consent, obligation or compensation to you.

8. Right to Change Terms and Conditions

Hinge Health MSO may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed terms and conditions on the Service or our Website. You agree to periodically review these terms and conditions, and your continued use of the Service following any such change constitutes your agreement to follow and be bound by this Agreement as amended.

9. Computer Equipment, Browser Access, and Internet Services

With the exception of the Hinge Health sensors and/or ENSO device provided by Hinge Health, Inc., you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and strong encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Service for your convenience, have made your own independent assessment of the adequacy of your internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your System.

10.  Content and Services Accessed through the Hinge Health Service

If You choose to allow a third-party service provider (such as a Personal Health Record) to retrieve, provide, modify or otherwise use health and other information in your account or otherwise share your information with the service provider, it is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. HINGE HEALTH MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

11. Disclaimer of Warranty; Limitation of Liability

By using the Service, you agree and represent to Hinge Health MSO that you have the power and legal authority to accept and agree to these Terms and Conditions on behalf of yourself or as a legal guardian of someone else, and that you own all of the legal rights to the information you provide and grant the rights and licenses granted herein; and all information that you provide to Hinge Health MSO or its employees and/or affiliates is accurate, complete, and true when provided. 

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HINGE HEALTH MSO AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF HINGE HEALTH MSO, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Hinge Health MSO and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives of each from any third-party liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Agreement; (ii) your misuse of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) your posting of material to the Service; (iv) your misrepresentation, gross negligence or willful misconduct; and (v) your breach of federal, state, local, or other applicable laws or regulations.

13. Applicable Law

The Service is offered solely in the United States and may be accessed solely from the United States. You agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Service.  Any dispute between Hinge Health MSO and you related to this Agreement shall be resolved exclusively in and by the state and federal courts of the State of Delaware.

14. Modification and Termination of the Hinge Health MSO Service

You may terminate your use of the Service at any time by not using the Service anymore. Hinge Health MSO reserves the right to terminate Service for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Service violates applicable laws or is harmful to the interests of Hinge Health MSO or any other users, your abusive, harassing, threatening or otherwise inappropriate behavior, or illegal or inappropriate conduct, such as falsifying information to receive Service. Hinge Health MSO also may place limits on, modify, suspend, or terminate the Service generally, as it deems appropriate or in response to a legal or regulatory change, and may suspend or terminate your use of the Service if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content except where prohibited by law. If Hinge Health MSO terminates the Service or your use of the Hinge Health MSO Service, these Terms and Conditions shall continue to be effective to the extent not otherwise prohibited by law.

15. General Legal Terms

If you have not signed a separate written agreement with Hinge Health MSO related to the Service, this Agreement, along with the related Privacy Policy, is the entire agreement between you and Hinge Health MSO related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and Hinge Health MSO related to the Service, this Agreement will control. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions, without our prior written consent.  Hinge Health MSO may assign, transfer, or delegate Our rights and obligations under these Terms and Conditions, in whole or in part, in Our sole discretion. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

16. Contact Information. Hinge Health MSO is headquartered in San Francisco, California in the United States of America.

Hinge Health MSO, Inc., 455 Market St., Suite 700, San Francisco CA 94105

Email: legal@hingehealth.com

While we make every effort to respond to all emails within one business week, we cannot guarantee a response to every electronic communication.

Last updated on December 21st, 2021