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, Inc. digital care program.  Hinge Health MSO, Inc. provides the clinical services for Hinge Health, Inc.  Hinge Health MSO, Inc. (“We”, “Us”, “Our”, or “Hinge MSO”) is an independent management entity with a national network of United States based physicians and physical therapists who provide clinical telehealth services.  The MSO contracts with various professional organizations to provide the clinical portion of the Services via the Hinge Health, Inc. platform to you.  Please read these terms and conditions carefully before using the Service.  

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. Terms and Conditions applicable to the Hinge Health digital care programs provided by Hinge Health, Inc. are available at https://www.hingehealth.com/terms/.      

By utilizing the Service, you hereby certify that you are not a Medicare or Medicaid beneficiary.  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 participate in the program. If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, or workers’ compensation related injury, Hinge MSO reserves the right to immediately terminate all current or future use of the Service by you.    

2. Telehealth Advice

Hinge Health MSO, Inc. is an independent management entity that provides the clinical services for Hinge Health, Inc. through its national network of United States based physicians and physical therapists who provide clinical telehealth services.  The MSO contracts with various professional organizations to provide the clinical portion of the Services via the Hinge Health, Inc. platform to you.  

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.  

Unless otherwise expressed to you in writing, nothing in the Services is intended to create a physician-patient or physical therapist-patient relationship, or to replace the services of a licensed, trained, in-person physician, physical therapist, or other health professional or be a substitute for medical advice of a physician or trained health professional licensed in your state.  You should not rely on anything contained in the Website or App, and you should consult a physician licensed in your state 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 for informational purposes only, and 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 or for the diagnosis or treatment of any medical condition. 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 MSO.  Call 911 or your doctor for all medical emergencies. HINGE HEALTH MSO IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.

3. 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 adverse drug interactions or allergic reactions or other judgment errors.

By using the Services, I understand the following:

1. I understand that 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 https://www.hingehealth.com/hipaa/.

2. I understand that I have the right to withhold or withdraw my consent to the use of Telehealth in the course of my care at any time by emailing help@hingehealth.com, without affecting my right to future care or treatment.

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

4. I understand that my primary care provider may obtain a copy of my telehealth encounter.

5. I understand that a variety of alternative methods of medical care may be available to me, and that I may choose one or more of these at any time. My treating provider has explained the alternatives to my satisfaction.

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

7. If someone other than my 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.  I further understand that I will be informed of their presence in the consultation and have the right to request the following: (1) omit specific details about my personal medical history or physical examination that is personally sensitive to me; (2) ask non-medical personnel to leave the Telehealth examination room and/or (3) terminate the consultation at any time.

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

9. I understand that my treating provider may perform a physical examination through these technologies. 

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

11. I understand that it is my duty to inform my treating provider of electronic interactions regarding my care that I may have with other healthcare providers.

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

13. I understand that receiving Telehealth services does not prohibit my ability to also consult with another physician who I have an ongoing relationship with, and who has agreed to supervise my treatment, including the use of any prescribed medications.

Patient Consent To The Use of Telemedicine

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 CLICKING THE "AGREE" BUTTON I AM CONSENTING TO RECEIVING CARE VIA THE SERVICE.4. Use of your Information/ Privacy Policy

Hinge Health MSO will only use information you provide as permitted by the Online Privacy Policy, Our Notice of Privacy Practices, and applicable law. The purpose of Our Online 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.

5. 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 may be made 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 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.

6. 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. 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.

7. Computer Equipment, Browser Access, and Internet Services

With the exception of the Hinge Health sensors 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 the best commercially available 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 the 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. 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, 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 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 OR YOUR 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.

11. 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 liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Agreement; (ii) your use of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) any interactions you have with a Hinge Health MSO employee or affiliate or other user; ((iv) your posting of material to the Service; (v) your gross negligence or willful misconduct; and (vi) your breach of these Terms and Conditions or federal, state, local, or other applicable laws or regulations.

12. Applicable Law

This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of California. 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.

The Service can be accessed from the United Stated and other countries worldwide. Since the laws of each state or country may differ, 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.

13. Modification and Termination of the Hinge Health MSO Service

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. Hinge Health MSO also may place limits on, modify, suspend, or terminate the Service generally, 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.

14. General Legal Terms

If you have not signed a separate written agreement with Hinge Health MSO related to the Service, this Agreement 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.

15. Contact Information

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

Hinge Health MSO, Inc.

465 California St. 14th Floor 

San Francisco CA 94104

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.

[Updated as of November 6, 2020]

November 6th, 2020