Terms and Conditions

Combined Terms and Conditions 

Welcome to the Hinge Health digital care pathway for musculoskeletal disorders. This document together with our Privacy Policy set forth the terms and conditions governing the Hinge Health Service (the “Service” or “Services”). The Service includes content, services, products and any other offerings provided through a variety of different channels, including online at hingehealth.com (the “Website”), via one or more mobile applications (the “Application”), or through telehealth or in-person delivery. The Service is owned by Hinge Health, Inc. and its subsidiaries or affiliates (collectively, “We”, “Us”, “Our” or “Hinge Health”), including Wrnch Software, Inc. (“Wrnch”), an independent management entity with a national network of healthcare providers who provide clinical services. Wrnch contracts with a network of healthcare providers to provide the clinical portion of the Services for Hinge Health to you. Please read these terms and conditions carefully before using the Service. If you are accepting these terms and conditions as a parent or legal 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 and its team of licensed healthcare providers 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. Our Privacy Policy is available at https://www.hingehealth.com/legal-page-summary/.      

The Service provides a variety of content, products, and services, which may include, as applicable, provision of Hinge Health motion sensors and related supplies (collectively, the “Hinge Health Sensors”), computer vision technology, a tablet computer containing the Hinge Health mobile Application, an Enso transcutaneous electrical nerve stimulation (“TENS”) device or other hardware in relation to the Service, exercise monitoring, data analysis, participant access to their personal health account, personalized musculoskeletal health education, and access to Hinge Health’s wireless, mobile and web-based musculoskeletal condition management systems and technologies.

Depending on the digital care pathway (“Pathway”) that you are enrolled in, you may receive different levels of monitoring and support by Hinge Health’s coaching staff or licensed healthcare providers that are individually suited to your specific needs. Hinge Health may make certain healthcare related information available to you and/or facilitate your access to healthcare services through various care Pathways. 

Hinge Health agrees to provide certain health related information to you and/or to help provide you with access to healthcare providers. Hinge Health, Inc. does not provide clinical services, is independent from healthcare providers who will be providing any healthcare services to you through the Service and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by them. Hinge Health, Inc. does not itself engage in the practice of medicine, physical therapy, or provide any other healthcare or clinical services. Features and specifications of products or services described or depicted as part of the Service are subject to change at any time without prior notice.

By utilizing the Service, you hereby certify that you will not seek payment for the Service from any government sponsored healthcare program, such as the Ontario Health Insurance Plan.  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 provincial healthcare insurance coverage or workers’ compensation related injury, We reserve the right to immediately terminate all current or future use of the Service by you.    

As a condition to use of the Service, you agree that you will not use the Service in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.

2. Your Account and Your Use of the Hinge Health Service 

You must provide accurate and complete information any time you initially register or continue to use the Service. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hinge Health of any known or suspected unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. Hinge Health shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.

The following actions are expressly prohibited in relation to your username and password used to obtain the Service: 

• Sharing, disclosing, permitting access to, or otherwise facilitating the use by any person of your username and password or accessing, copying, or storing any part of the Service for non-personal use; 

• Using the username and password to cache the Service in such a manner as to be accessible by persons who have not properly registered with Hinge Health; or 

• Using the username and password to permit multiple persons access to the Service through a local or wide area network.

If you have forgotten your username or password, the Service may use an email address previously provided by you to send your username or temporary password. You understand and accept that any other individuals using the same email address will be able to gain access to your Service account information.

Your use of the Service and any content accessed through the Service must comply with all applicable federal and provincial laws, regulations, and ordinances, including any laws regarding the use or export of data or software. You may not interfere with or disrupt the proper operation of the Hinge Health Service. You must be at least 18 years old to register and use the Service, or you must be the legal guardian for someone under age 18 whose data is accessed through the Service. You acknowledge and affirm that you are not misrepresenting any information during your enrollment or use of the service, including your identity or information or health care providers. You acknowledge and affirm that you have a continuing obligation to keep your identity and contact information up to date and accurate. 

If you use Hinge Health’s mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information input into the Hinge Health Application or Website may be accessible to others. By providing your phone number to Hinge Health, you expressly consent to Hinge Health periodically calling or texting you at this phone number - in person or through an automated system.

3. AI Chatbot Terms

If you use Hinge Health’s public-facing artificial intelligence (“AI”) Chatbot (“Chatbot”) you understand that Hinge Health makes the Chatbot available to you pursuant to this Agreement and Our Privacy Policy, and that there is no legal entitlement to using the Chatbot. The use of the Chatbot is entirely voluntary and if you choose to interact with the Chatbot you do so subject to the terms of this Agreement. If you do not agree to these terms, you must not use, or must immediately cease the use of, the Chatbot. The Chatbot is an educational AI system intended to answer questions about joint and muscle pain using resources created or curated by Hinge Health. It can respond to certain questions that you ask about Hinge Health and select topics such as joint and muscle pain. You can end the chat at any time by closing the open window containing the Chatbot. After you end the chat session, inputs and generated outputs will be maintained in accordance with our Privacy Policy.

The Chatbot does not provide medical advice or professional healthcare services, and the information provided through the Chatbot is for educational and informational purposes only. The Chatbot has limited capacity and responses from the Chatbot may not necessarily provide a fulsome or relevant response to your query; you should always consult a healthcare professional as needed. If you have an emergency medical condition, you should call 9-1-1 or seek immediate in person medical treatment from a qualified medical professional. 

The responses provided by the Chatbot are not, and should not be, considered official statements or responses from Hinge Health or our providers in response to your specific situation or inputs. The Chatbot does not have access to your Hinge Health account or information about your eligibility for Hinge Health, and is unable to accurately answer questions about those topics. It is your responsibility to determine if the Chatbot’s responses apply to you. Hinge Health is not responsible for any damage or losses that you may suffer as a result of any reliance on responses from the Chatbot, as the Chatbot is provided for educational and informational purposes only.

You agree to only use the Chatbot subject to the restrictions imposed by Hinge Health, which include a prohibition on the following uses: 

• that infringe, misappropriate or violate any person’s rights or for unlawful purposes, including posting content, links, and references in the Chatbot which violate the rights of other persons, including content that is threatening, violent, abusive, defamatory, illegal, invasive of priva

• cy, discriminatory, racist or otherwise incites hatred towards groups of individuals or is harmful to others; 

• that are harmful to minors;

• that promote pornographic, sexually-oriented, obscene, vulgar, or otherwise objectionable materials;

• that share any personal information and/or sensitive information, such as your identity or other identifiable information, your Hinge Health (or any other) account information that is confidential, or your contact information; and 

• that infringe on copyright or other intellectual property rights. 

You agree to use the Chatbot for its intended purposes only as indicated by Us, including in this Agreement or the Privacy Policy, and may not use the Chatbot in a manner which may disrupt proper functioning or the security of the Chatbot or the Website, such as prompt injection attacks. If you violate this Agreement, We may end Chatbot sessions at any time without prior notice and We may delete or restrict your access to the Chatbot.

AI Chatbot Privacy

You acknowledge that use of the Chatbot is subject to our Privacy Policy. You understand that use of the Chatbot may be monitored or recorded by Us or Our service providers, for quality, safety, and training purposes. You agree that the Chatbot is not intended to, and is not designed for, storing, transmitting, or accessing personally identifiable information (“PII”) or Personal Health Information (“PHI”) as defined by applicable legislation such as the Personal Health Information Protection Act, 2004. You may not input PII or PHI into the Chatbot. You acknowledge that any information entered by You into the Chatbot may be retained by Our third-party AI service provider for the purposes identified in our Privacy Policy, to enable our operations and services, and in accordance with their applicable privacy policies.

4. 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 via text message or short message service (“SMS”). You can cancel the SMS service at any time. Just text "STOP" to Us. 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 get help directly at help@hingehealth.com. Carriers are not liable for delayed or undelivered messages, and We are not liable for delayed or undelivered messages caused by carrier error. 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.

5. Use of Your Information/ Privacy Policy 

If you create, transmit, display, or otherwise disclose any information while using the Service, you may provide only information that you own or have the right to use. Hinge Health will only use information you provide as permitted by the Privacy Policy and applicable law. The purpose of Our Privacy Policy is to identify the personal information We collect, use and disclose, the steps We take to protect it, and your choices regarding how that information is used. 

You acknowledge and agree that Hinge Health may use your anonymized, de-identified health information for medical research purposes. 

6. Intellectual Property 

The Service, including without limitation the text, graphics, images, photographs, videos, illustrations, and other content contained therein is owned by Hinge Health or its licensors and is protected under both domestic and foreign laws. We grant to you, for your personal purposes as an individual consumer only, a nonexclusive, non-transferrable, non-sublicensable, 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, and in particular you agree not to use the Service or any of its components for purposes including or similar to reverse engineering, product data collection and analytics, or co-branding, framing, linking, or reselling any portion of the Service without Our prior written consent or for the benefit of any third party unless otherwise expressly permitted herein. Any other use of the Service other than as expressly authorized herein is strictly prohibited and will automatically and immediately terminate any and all licenses granted to you under these terms.

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.

Any unauthorized use of the words or images from the Service may violate intellectual property laws, privacy and data protection laws, and other federal and provincial statutes and regulations. 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, or for licensed content, the content providers.

None of the names, trademarks, service marks and logos of Hinge Health appearing on the Service may be used in any advertising or marketing, or otherwise to indicate Hinge Health’s sponsorship of or affiliation with any product or service without express written permission of Hinge Health. 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 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 may receive a tablet computer, Hinge Health Sensors, an Enso TENS device or other hardware in relation to the Service. You understand and agree that any such hardware is and will remain the property of Hinge Health. If you cease receiving services from Us, or on Our request, you are responsible for returning hardware to Us. You are responsible for maintaining the security of any devices; if you lose any hardware We provided to you, you are fully responsible for any such lost device, including loss, breach, or misuse of any data contained on or within the hardware. You have no expectation of privacy on any such hardware. We reserve the right to restrict the use of, and impose conditions on any hardware, and to remotely install and use security programs on any hardware, such as a mobile device management application, that may limit or restrict use of the device to the Hinge Health Services. Further, you agree to comply with any terms We communicate to you in writing regarding the use of such hardware. We will support the security of your tablet computer only for so long as you participate in the Service, and any security We provide will not apply to any uses of the tablet computer unrelated to the Service. You agree that you will not make any effort to circumvent any security features that We provide. You understand and agree that receiving the Hinge Health tablet and Hinge Health Sensors or other hardware as part of the Hinge Health program, if applicable, may have tax implications. You should consult with an appropriate tax professional to determine if you have any personal tax obligations receiving this under the Service, as applicable.

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, 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.

Notice for Claims of Intellectual Property Violations and Copyright Infringement. 

We respond to notices of alleged copyright infringement under Canadian copyright laws with respect to any items or content on our Website or in our Application.  If you believe that your intellectual property rights, including copyright, trademark, or certain other intellectual property rights of third parties, have been infringed, please notify Our legal team at legal@hingehealth.com and We will promptly investigate.

7. Right to Change Terms and Conditions

Hinge Health may, at any time and from time to time, amend this Agreement in its sole discretion. 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 the terms of this Agreement as amended or supplemented from time to time.

8. Computer Equipment, Browser Access, and Internet Services

With the exception of the Hinge Health Sensors and/or Enso device, 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 by using the Service you 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. You are responsible for any use of the Systems not necessary for the Services and any risks associated with or arising from such personal use. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your Systems. Recording any interactions with healthcare providers or health coaches pursuant to use of the Service is prohibited. 

9. 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 healthcare 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.

10. Links to Other Sites 

The Service may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to Our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Service and, therefore, We do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF ANY CLAIM OR ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Hinge Health, you should consult the policy statements of each site you visit.

11. Payment 

You authorize Hinge Health to submit claims for Services to your health insurer or health plan. You are responsible for any fees owed to Us that are not paid by your employer or insurer. This may include costs associated with the provision of Services by Hinge Health. Costs associated with the provision of Services may accrue if you cancel or fail to appear for such Services.

12. Disclaimer of Warranty; Limitation of Liability

By using the Service, you agree and represent to Hinge Health 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 or its employees and/or affiliates is accurate, complete, and true when provided. 

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HINGE HEALTH AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS OR 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, 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. 

13. Indemnification

You agree to indemnify, defend, and hold harmless Hinge Health and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, and representatives from and against  any third-party liability, loss, claim, suit, damage, and expense (including reasonable legal 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, provincial, local, or other applicable laws or regulations.

14. Applicable Law

The Service is offered solely in the United States and Canada and may be accessed solely from the United States and Canada. If you choose to access or use the Services , you do so on your own initiative and you are solely responsible for complying with applicable local laws. To the extent permissible by law, Hinge Health accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Services outside of the United States or Canada. 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 and you related to this Agreement shall be resolved exclusively in and by the state and federal courts of the State of Delaware.

15. Modification and Termination of the Hinge Health Service

You may terminate your use of the Service at any time by not using the Service anymore. Hinge Health reserves the right to suspend or terminate Service for any reason it deems appropriate at any time, including, but not limited to, a belief that your conduct or your use of the Service violates any of these terms or applicable laws or is harmful to the interests of Hinge Health, its clients 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 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 modify, suspend or terminate your use of the Service if you fail to comply with this Agreement. Such a suspension or termination may be accompanied with additional action, including but not limited to deleting your information, files, and other previously available content except where prohibited by law. If Hinge Health terminates the Service or your use of the Hinge Health Service, these terms and conditions shall continue to be effective, including Sections 2, 3, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20, to the extent not otherwise prohibited by law.

16. Member Responsibilities

You are responsible for adhering to the following principles when using the Services:

• Respect: You are expected to demonstrate respectful behavior toward Hinge Health team members at all times, including during in-person visits, and you agree not to transmit any harassing, indecent, obscene, fraudulent, or unlawful material through the Service. You also agree not to harvest, collect or gather data of other users. 

• Safety and Security: You are responsible for following safety instructions given to you by Hinge Health regarding Hinge Health’s programs and services. You are responsible for informing Hinge Health of any safety hazards for the care team for an in-person visit in your home or other area you control. You also agree to not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any contents accessible through the Service or features that enforce limitations on use of the Service. 

• Care Plan: You are responsible for following any next steps of the care plan as outlined by your Care Team. You are responsible for any decisions to refuse treatment and any outcomes that arise from that refusal.

• Personal Property: You are responsible for securing and protecting your personal property, such as valuables or fragile items, from damage during the course of an in-person home visit. 

• Intellectual Property: You agree not to modify, prepare derivative works of, decompile or reverse engineer the Service (except as, and only to the extent any foregoing restriction is prohibited by applicable law or regulation). You also agree not to market, sell, or resell any part of the Service to any third party or otherwise commercially use the Service. 

17. General Legal Terms

If you have not signed a separate written agreement with Hinge Health related to the Service, this Agreement, along with the related Privacy Policy, is the entire agreement between you and Hinge Health 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 related to the Service, this Agreement will control. If any provision of this Agreement is determined to be 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 may assign, transfer, or delegate Our rights and obligations under these terms and conditions, in whole or in part, in Our sole discretion. This Agreement enures to the benefit of and binds the parties and their respective successors, permitted assigns, heirs, and executors. Export control laws regulate the export and re-export of technology. 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 a relationship of agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

Clinical Services Terms

18. Clinical Advice 

Wrnch contracts for the provision of clinical services on behalf of Hinge Health, Inc. Wrnch contracts with various healthcare providers to provide the clinical portion of the Service via the Hinge Health platform to you. 

Provision of medical or healthcare advice as a part of any of the Pathways is not provided by Hinge Health, Inc. but rather through the individual healthcare providers with whom you must first establish a healthcare provider-patient relationship, before obtaining clinical advice or healthcare services. Using, accessing, and/or browsing the Website or Application or providing personal medical history does not create a healthcare provider-patient relationship between you and Hinge Health or any of its employees and/or affiliates.

Unless otherwise expressed to you in writing, nothing in the Service is intended to create a healthcare provider-patient relationship, or to replace the services of a licensed in-person health professional or be a substitute for medical advice of a licensed health professional. You should not rely on anything contained in the Website or Application, and you should consult a licensed healthcare professional in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Service.

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. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.

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. Call 911 or your doctor for all medical emergencies. HINGE HEALTH, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.

19. Permission to Treat

By seeking Services from Us, you give permission to Our affiliated healthcare providers to medically care for you in accordance with the parameters of the  healthcare provider-patient relationship established independently by you. You may withdraw this consent at any time by no longer seeking Services from Us.

20. TELEHEALTH INFORMED CONSENT 

Telehealth involves the use of electronic communications to enable licensed 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 through an electronic or virtual medium, such as telephone, video, text messages, email, or other asynchronous forms of communication. 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 services you receive from Treating Providers are not intended to replace a primary care physician or healthcare provider relationship or coordinate your medical care outside of our services. You may form an ongoing treatment relationship with some Treating Providers. You should seek emergency help or follow-up care whenever it is necessary or whenever recommended by the Treating Provider, 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:

The expected benefits for using telehealth include, but may not be limited to: 

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

• Reduce cost and improve access to limited services and care management.

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

Possible Risks:

You acknowledge and accept that there are potential inherent 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 the privacy and confidentiality of personal information also apply to telehealth, and that no information obtained in the use of telehealth which identifies you will be disclosed to researchers or other entities without your consent except as required or permitted by applicable law. More information is provided in our Privacy Policy.

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. 

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 telehealth services.

7. If someone other than your 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 in another jurisdiction.

9. Your Treating Provider may perform a physical examination through these technologies.

10. Wrnch and/or its contracted providers may record video conference consultations and telephone calls for quality purposes. You understand that Wrnch does not directly provide any medical or provider services.

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

12. You may anticipate the expected benefits from the use of telehealth in your care, but you understand 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.

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 also understand that I can contact legal@hingehealth.com for any questions I may have regarding these Terms and Conditions and my consent hereto. I hereby give my informed consent for the use of telehealth for my healthcare and authorize Wrnch and its contracted providers to use telehealth in the course of my diagnosis and treatment.

I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE INHERENT 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.

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

Hinge Health, 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 2023-10-26