Transcarent Terms of Service
Last Updated: July 20, 2022
Effective: Upon Acceptance
Welcome, and thank you for your interest in Transcarent, Inc. (“Transcarent,” “we,” or “us”) and our reimagining of the way individuals experience their health and care. Transcarent is the first comprehensive health and care experience company that makes it easy to get the high-quality, affordable health and care that everyone deserves. We do that by directly connecting consumers with high-quality care, transparent information, and trusted guidance on their terms – in as little as 60 seconds, 24/7, from the palm of their hand.
These Terms of Service set forth the terms and conditions under which we provide the Transcarent health and care experience (like our live health guides and access to high quality services) through mobile applications, digital tools, other solution services, and related websites (including our website at transcarent.com (the “Site”)) (collectively, the “Service”). These Terms of Service (“Terms”) are a legally binding contract between you and Transcarent regarding your use of the Service. However, because Transcarent provides the Service to you on behalf of your group health or welfare plan, the terms of your plan’s service benefit brochure will control in the event of any conflict with these Terms related to your plan benefits. Please see our Privacy Notice for more details.
It is important to note that “Service” does not include any of the clinical or medical health and care services you may access through our solution. These services are provided by independent health care practitioners. Transcarent itself is not a licensed medical professional; we provide access to the services along with transparent information and trusted guidance to empower you, and access necessary to effectively navigate these services. If you believe you are having a medical emergency, dial 911 immediately.
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PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICE. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT: (A) YOU ARE AT LEAST 18 YEARS OLD; (B) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICE; AND (C) YOUR REGISTRATION AND YOUR USE OF THE SERVICE IS IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE AN ENTITY, ORGANIZATION, OR COMPANY, THE INDIVIDUAL ACCEPTING THESE TERMS ON YOUR BEHALF REPRESENTS AND WARRANTS THAT THEY HAVE AUTHORITY TO BIND YOU TO THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS. If you are not eligible, or do not agree to the Terms, PLEASE DO NOT ACCESS, BROWSE, OR USE THE SERVICE.
YOU AGREE TO USE REASONABLE EFFORTS TO PROTECT AGAINST UNAUTHORIZED ACCESS TO YOUR PHONE, COMPUTER, AND/OR OTHER TYPES OF ELECTRONIC DEVICES USED TO ACCESS TRANSCARENT SERVICES BY: SIGNING OFF AFTER USING A SHARED COMPUTER; CHOOSING A ROBUST PASSWORD THAT HAS 8 TO 64 CHARACTERS, AT LEAST 1 NUMBER, AT LEAST 1 LOWER CASE LETTER, AT LEAST 1 UPPER CASE LETTER, AND AT LEAST 1 SYMBOL; CANNOT BE EASILY GUESSED OR DERIVED BY UTILIZING PUBLIC INFORMATION ABOUT YOU (SUCH AS DATE OF BIRTH, ADDRESS, ZIP CODE, TELEPHONE NUMBER, OR NAME); KEEPING YOUR LOG-IN AND PASSWORD PRIVATE; AVOID USING A DEVICE THAT HAS BEEN “ROOTED,” “JAILBROKEN,” OR HAS OTHERWISE HAD IT OPERATING SYSTEM MODIFIED BY ANYONE THAT COULD POTENTIALLY ALTER THE AUTHORIZED SECURITY FUNCTIONS OF THE DEVICE; MAINTAIN A TIME-OUT FUNCTION THAT REQUIRES RE-AUTHENTICATION AFTER INACTIVITY; AND UNDERTAKE OTHER PROTECTIVE ACTIONS CONSISTENT WITH GOOD MANAGEMENT OF DIGITAL DEVICES.
We reserve the right to change these Terms from time to time. Please check these Terms periodically for changes. If we make a material adverse change to these Terms, we will provide you with prior notice unless providing such notice would not be reasonable in light of legal, regulatory, or other government action; in relation to privacy or security considerations; or due to a “force majeure” (i.e., circumstances outside of our control such as a pandemic, natural or human-made disaster, war, or otherwise). We may require that you affirmatively accept the modified Terms in order to continue to use the Service. Your use of the Services after these Terms have been modified or your acceptance has been indicated, as applicable, indicates your acceptance of the revised Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Transcarent will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
ARBITRATION NOTICE. THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH ARBITRATION AND WITHOUT A JURY TRIAL (OR OTHERWISE IN A COURT OF LAW), ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
Your Relationship with Transcarent
Your Relationship with Transcarent. Transcarent works on behalf of your health plan to provide an experience through which we enable you to better understand your health and care options, consult with health care practitioners and obtain access to additional information, facilitate your use of the health and care systems available to you, and support you as you make your health and care decisions. The health and wellness resources made available through our Service are for informational purposes only and are not a substitute for direct health care services. You are responsible for confirming the accuracy of information you access via the Service, and we encourage you to speak with qualified health care professionals before deciding on any course of action. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your health care practitioner. You understand that by coordinating and in certain cases consulting with a health care practitioner through the Service, you are not entering into a doctor-patient relationship with Transcarent.
No Emergency Services. The Service should not be used during a medical emergency. If you have a medical emergency, call 911 immediately. The Service is not intended to support or carry messages to any emergency services, including any such emergency services that may otherwise accept instant messages. You acknowledge that it is your responsibility to ensure that you have an alternate means to send and receive emergency messages and to contact emergency services. You should not delay seeking professional medical care if your symptoms or condition worsens, or if you need immediate medical attention. Notwithstanding, if a Transcarent representative reasonably suspects that you may be experiencing a health emergency, or may be a danger to yourself or another person, Transcarent reserves the right, and you expressly agree, that Transcarent may contact the appropriate emergency services, including calling 911, contacting child protection services, a suicide hotline, or other appropriate service.
No Practice of Medicine; No Licensed Services. Transcarent does not practice medicine or any other licensed profession. Transcarent’s services enable coordination with health care practitioners, and in certain circumstances, direct communication with health care practitioners, but Transcarent’s services do not replace any relationship with any health care practitioner or service, and Transcarent itself does not directly or indirectly provide medical or health advice, care, diagnosis, or treatment. All health care practitioners you are connected to through Transcarent practice independently of Transcarent. Each health care practitioner is responsible for their professional service and compliance with the requirements applicable to their profession and license. You hereby agree and acknowledge that Transcarent is in no way acting as a medical provider with respect to any person. You further acknowledge and agree that the treatments, procedures, workflow, information, medications, processes, products, and other items referenced by Transcarent or the service are not intended as a recommendation or endorsement of any course of treatment, procedure, information, product, health care practitioner, or medication and that the ultimate responsibility for diagnosing and treatment of any patient using the service rests with the health care practitioners treating such patient.
No Insurance, Indemnity, Payment, Guaranty or Underwriting of Health Care Benefits. You hereby agree and acknowledge that Transcarent is in no way acting as an insurer, indemnitor, payor, designer, guarantor or underwriter of health care benefits. Transcarent does not collect revenue through premium payments, does not process claims or appeals, and does not pay provider claims using collected premiums. Transcarent is not an insurer or third-party administrator. Transcarent is not responsible for determining whether any service is covered under any plan, or for making eligibility or coverage determinations with respect to any customer, member or plan. Compliance with the Employee Retirement Income Security Act of 1974 is the sole responsibility of the customer (including compliance with Section 406(a) thereof). Transcarent does not exercise discretion or control over and does not represent any customer or plan, or either of their respective assets, policies, payments, interpretations, practices or procedures.
No Maintenance of Medical Records. You agree not to submit medical records to Transcarent for management, storage, or sharing purposes. Transcarent does not maintain medical records on your behalf as its primary business function, although we may receive medical records as permitted by law to allow us to facilitate access to health care services. You agree and acknowledge that medical records are to be maintained by your health care providers and, in some circumstances, by you or your health care agent.
No Control Over Practitioners. Transcarent is designed to be a single source of health and care information to maximize the benefits you receive from your health plan. However, we do not control or operate any health care providers. Any opinions, advice, or information expressed by a health care facility, practitioner, professional, or specialist using or accessible through the Service are those of the facility, practitioner, professional, or specialist alone. Transcarent does not recommend or endorse any specific tests, products, procedures, medications, devices, or opinions that are made available to you through the Service.You agree that the opinions expressed by any health care practitioner you access through the service are not those of Transcarent and will not be used in any legal dispute against Transcarent, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation, and/or malpractice claims.
No Representations or Warranties Regarding Providers. The inclusion of health care practitioners in the Service or in any professional directory located in the Service is based on information you, such practitioners, your employer, and others provide to Transcarent, and is not intended as a tool for verifying the credentials, qualifications, or abilities of any health care practitioner contained therein. Transcarent uses proprietary data and data from trusted third-party sources in an effort to provide you with accurate and up-to-date information to assist you in making your health and care decisions. However, SUCH INFORMATION IS PROVIDED ON AN “AS-IS” “WHERE IS” AND “WITH ALL FAULTS” BASIS, AND TRANSCARENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Transcarent does not make any representations or warranties about the training or skill of any health care providers who provide services via the Services, and you are ultimately responsible for choosing your particular health care provider in every instance. Transcarent shall in no event be liable to you or to anyone for any decision made or action taken by any party in reliance on information about health care practitioners obtained through the Service. Your reliance on any information provided through the Service is solely at your own risk. The Service may not be used by any entity or individual to verify the credentials of health care practitioners.
Non-Discrimination. You acknowledge and agree that the Service and any incentives you may become eligible to receive in connection therewith from time to time are intended to provide value-based incentives as part of a value-based insurance design program, and in no event will you be eligible to receive any of such services or incentives in a manner inconsistent with HIPAA’s prohibition against discrimination based on a health factor.
No Duty to Monitor Communications. By accepting these Terms, you understand that your health care practitioner may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. We do not and are not responsible for monitoring these messages, reports, and emails for you. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in messages from your health care practitioner.
Risks of Telehealth and Other Consultative Services. If your independent health care practitioner uses the Service to provide advice or treatment to you, they may not have the benefit of information that would be obtained by examining you in person and/or observing your physical condition. Therefore, your health care practitioner may not be aware of facts or information that would affect their opinion of your diagnosis or treatment. We encourage you to discuss these limitations with your health care practitioner if you have concerns. By deciding to engage the Service, you acknowledge and agree that you are aware and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive from your health care practitioner through the service is limited and, in some cases, provisional; (ii) any opinions you may receive from your health care practitioner through the Service are not intended to replace a full medical evaluation or an in-person visit with your health care practitioner; (iii) a health care practitioner acting through the Service may not have important information that is usually obtained through an in-person physical examination; and (iv) the absence of an in-person physical examination may affect the health care practitioner’s ability to diagnose your condition, disease or injury through the Service. Other potential risks associated with the use of virtual encounters for advice and treatment include, without limitation, the following:
Delays in medical evaluation and consultation or treatment due to deficiencies or failures of the equipment or internet connection;
Failure of security protocols that may lead to a breach of privacy of protected health information; and
Lack of access to information resulting in adverse health outcomes.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with information about yourself, so that we can verify your identity. If you are a parent or guardian with children who are covered by your health plan and want your children to participate in the Service, you will need to register them, and after doing so, may be able to access certain limited aspects of the Service on behalf of their child. You agree to provide us with accurate information when you register for an account and to keep your information accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
Price. Transcarent reserves the right to determine pricing for features of the Service. Transcarent may change the fees you have agreed to be charged for any feature of the Service, including additional fees or charges, if Transcarent gives you advance notice of changes before they apply.
Third-Party Charges. Additional charges from licensed health care practitioners and/or Transcarent’s independent third-party clinical and non-clinical services partners may apply. Before you pay any fees to a third party, you will have an opportunity to review and accept the fees that you will be charged by these third parties. Such charges are subject to the applicable third-party’s terms and conditions.
Authorization. You authorize Transcarent to charge all sums for the orders that you make or amounts otherwise owed, including all applicable taxes, to any payment method you provide to Transcarent for such purpose. If you pay any fees with a credit card, Transcarent may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Limited License. Subject to your complete and ongoing compliance with these Terms, Transcarent grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use object code copies only of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on mobile devices that you own or permissibly control; and (b) access and use the portions of the Service purchased by your plan.
License Restrictions. You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. You may provide input and suggestions, enhancement requests, recommendations, corrections or other feedback regarding the Service (“Feedback”). You acknowledge and agree that the Feedback is not Confidential Information, shall become the sole and exclusive property of Transcarent, and Transcarent is entitled to the unrestricted use and dissemination of the same for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Ownership; Proprietary Rights. The Service is owned and operated by Transcarent. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Transcarent are protected by intellectual property and other laws. All Materials included in the Service are the property of Transcarent or its third-party licensors. Except as expressly authorized by Transcarent, you may not make use of the Materials. Transcarent reserves all rights to the Materials not granted expressly in these Terms.
Notice and Procedure for Making Claims of Intellectual Property Infringement. Transcarent respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. Transcarent asks our users to do the same. Transcarent therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
4700 S. Syracuse Street, Suite 900
Denver, CO 80237 Attn: Designated Agent
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Transcarent to locate the material;
Information reasonably sufficient to permit Transcarent to contact you, such as your name, address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
No Transcarent Control of Third-Party Content; No Statement as to Accuracy. To the extent that any of the content included in the Service is provided by third-party content providers, health care practitioners, or other Service users, Transcarent has no editorial control or responsibility over such content. Therefore, any opinions, statements, products, services, or other information expressed or made available by professionals, third-party suppliers, or users on the Service are those of such professional, third-party suppliers, or users, respectively. Transcarent does not represent, warrant, or endorse the accuracy, reliability, applicability, or currency of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Transcarent.
Third-Party Services and Linked Websites. Transcarent may provide tools through the Service that enable you to export information, including User Content, to your device, third parties (via SMS, email, or file sharing), or directly or indirectly into third-party services (each a “Data Recipient” and collectively, the “Data Recipients”). By using one of these tools, you agree that Transcarent may transfer that information to the Data Recipient, and it is doing so at your direction. You acknowledge that no Data Recipient is under Transcarent’s control, and, to the fullest extent permitted by law, Transcarent is not responsible for any Data Recipient’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Transcarent’s control, and Transcarent is not responsible for their content.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Third-Party Interactions. Your interactions with entities or individuals accessible on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for exercising caution, discretion, common sense, and judgment in using the Service and disclosing personal information. You agree that Transcarent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Transcarent is under no obligation to become involved or in any way assist in the resolution of such dispute. In the event that you have a dispute with one or more other users, you hereby release Transcarent, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Regardless of whether you are a California resident, you waive any claims based on statutes, common law principles, or other applicable laws similar to the substance of California Civil Code Section 1542.
Information Submitted via the Service (User Content)
With the exception of any personally identifiable information (as defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations) or protected health information (as defined under HIPAA or related state-specific privacy laws and regulations) you submit maintained in accordance with our Privacy Notice, any information (including input and suggestions regarding the Services you transmit to Transcarent via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions), will be treated as non-confidential and non-proprietary and will become the property of Transcarent. Such information may be used for any purpose to the extent allowed by your plan, which may (depending on your plan) include, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Transcarent shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Transcarent via the Service or by any other means for any purpose whatsoever, to the extent allowed by your plan, which may (depending on your plan) include, without limitation, developing and marketing products using such information.
For quality assurance and training purposes, Transcarent may monitor interactions between you and individuals that you interact with using the Services and may record telephone calls, video calls, and other similar interactions, provided that you have been given appropriate notice.
With Transcarent Health Guides. You may use the Service to connect with Transcarent and independent health care practitioners. You may initiate these connections using the Service. To the extent allowed by your plan, after opting in, you may receive invitations to connect by telephone call, text message, email, or via the Transcarent mobile application or a linked third-party application. When you initiate or accept a connection with Transcarent or a health care practitioner, you consent to receiving communications via the Service, including SMS or email generated by the Service, from Transcarent or such other person and the company or entity that such other person represents (including other employees and service providers from the same company). You may disconnect from a particular health care practitioner, their company, or any other person via the Service. Disconnecting from a health care practitioner, their company, or any other person rescinds your consent for such health care practitioner, company, or other person to contact you via the Service but does not rescind any other permissions you have given the practitioner or company to contact you via other means.
SMS Outreach Program. Transcarent may send you text (SMS) messages at the phone number you used to opt-in. These messages may include operational messages about your use of the Service, as well as, if allowed by your plan, marketing messages. You may opt out of receiving text messages from Transcarent at any time by texting “STOP” or “END” in reply to such messages. You may customize additional notification preferences within the Transcarent mobile and/or desktop applications and, if applicable, your device settings. You may receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Acknowledging that modifications to notification preferences will change the way that you engage with Transcarent, your agreement to receive text messages is not a condition of any purchase or use of the Service. Message and data rates may apply whenever you send or receive such messages, as specified by your carrier. Messaging frequency may vary. 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 email@example.com. Carriers are not liable for delayed or undelivered messages.
Push Notifications and In-App Messages. When you install our app on your mobile device, you agree to receive push notifications to the extent allowed by your plan, which are messages an app sends you on your mobile device when the app is not active. You can turn off notifications directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings.
Email. We may send you emails concerning our products and services, as well as those of third parties, if allowed by your plan or you decide to opt-in to receiving such emails. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings. If you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
BY USING THE SERVICE, YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, or otherwise harm any other user of the Service or any other person with whom you interact in connection with the Service, including, but not limited to, Health Guides, health care practitioners contacted through the Service and Transcarent team members;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access to the Service granted under these Terms or any Materials (as defined in the section above titled “Ownership; Proprietary Rights”) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Acceptable Use Policy
Are you using social media? So are we! We encourage you to read, share, follow us, and provide commentary on Facebook®, Twitter®, Pinterest®, LinkedIn®, Instagram®, and other social media sites (“Social Media Site”). Please remember that information posted on any of our social media profiles or sites is for general informational purposes only. It should not be considered medical advice and should not replace a consultation with your health care professional. Some treatments mentioned on our social media formats may not be covered by your health plan. Please refer to your benefit plan documents for information about coverage. Before you post, please make sure you read our social media disclaimer:
We are under no obligation to screen or monitor your posts or any other user content; however, we reserve the right to monitor participation to ensure that you stay on topic, are courteous, and avoid making offensive comments. Your posts and user content must adhere to the following requirements and cannot:
Contain any third-party material including logos, drawings, tattoos, photographs, pictures, sculptures, paintings, and other images or works of art, phrases, trademarks, trade secrets, or other items without explicit prior written permission to use such materials;
Contain sexually explicit, graphic, gratuitous, or unnecessarily violent content or defamatory or derogatory content against any ethnic, racial, gender, religious, sexual orientation, professional or age group or contain any pornographic or inappropriate nude material;
Contain any private information about yourself or any other individual, including without limitation, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;
Contain any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, inflammatory or fraudulent content;
Contain any information that is or is intended to encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Contain any information that you know or should know may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Impersonate, or misrepresent your affiliation with, any person or entity;
Contain any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or
Contain any advertising, political campaigning, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo, poker, or any other form of solicitation.
We reserve the right to edit comments for content, remove off-topic contributions, delete potentially offensive, libelous, or slanderous comments or remarks, block offensive contributors, and delete actual or suspected spam content from any Social Media Site. We are not responsible for the content of any comments or responses posted by others to any website or Social Media Site we manage or monitor. We do not control the placement of any marketing or advertising displayed on our pages by social media or third-party organizations.
We reserve the right to respond to any post or user content and may occasionally privately request your contact information to assist you offline, with your consent. Any further questions about your account, claims or benefits or request for additional information can be addressed by visiting your health plan’s member website, or calling the toll-free member phone number on the back of your health plan ID or other membership card.
All trademarks are the property of their respective owners.
Term, Termination and Modification of the Service
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and end when terminated.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Transcarent may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time directly in the Transcarent mobile application by navigating to the “My Profile” page from the Home Page and selecting “Delete My Account” or by contacting a Health Guide.
Effect of Termination.Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Transcarent any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and provisions which by their nature involve obligations extending beyond termination of these Terms will survive.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Transcarent and its owners, officers, directors, employees, consultants, affiliates, subsidiaries, contractors, and agents (together, the “Transcarent Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms including, but not limited to the Acceptable Use Policy, above, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) your negligence, intentional misrepresentation, fraud, or intentional misconduct, or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, AND ON AN “AS AVAILABLE” BASIS. Transcarent DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Transcarent DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TRANSCARENT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
ADVICE AND INFORMATION PROVIDED BY TRANSCARENT IS NOT MEDICAL CARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TRANSCARENT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRANSCARENT ENTITIES OR THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER, INCLUDING HEALTH CARE PRACTITIONERS YOU HAVE ACCESS TO THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Transcarent does not disclaim any warranty or other right that Transcarent is prohibited from disclaiming under applicable law.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TRANSCARENT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TRANSCARENT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TRANSCARENT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TRANSCARENT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and Transcarent in the most expedient and cost-effective manner, you and Transcarent agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Transcarent ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local agency if that enforcement action is available through such agency; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this section within 30 days after the date that you agree to these Terms by sending a letter to Transcarent, Inc., Attention: Legal Department – Arbitration Opt-Out, 4700 S. Syracuse Street, Suite 900, Denver, Colorado 80237 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Transcarent receives your Opt-Out Notice, this section will be void and any action arising out of these Terms will be resolved as set forth in the section below labeled “Miscellaneous.” The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and Transcarent will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Transcarent. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Transcarent’s address for Notice is: Transcarent, Inc., 4700 S. Syracuse Street, Suite 900, Denver, Colorado 80237. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly through informal means, but if the parties do not reach an agreement to do so within 60 days after the Notice of Arbitration is received, you or Transcarent may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Transcarent must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Transcarent in settlement of the dispute prior to the award, Transcarent will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Fees. If you commence arbitration in accordance with these Terms, Transcarent will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing or a virtual hearing; or (c) by an in-person hearing as established by the AAA Rules in San Francisco County, California. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Transcarent for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND Transcarent AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Transcarent agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Transcarent makes any future change to this arbitration provision, other than a change to Transcarent’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Transcarent’s address for Notice of Arbitration.
Enforceability. If any portion of this section or these Terms is found to be unenforceable, or if Transcarent receives an Opt-Out Notice from you, then the entirety of this Dispute Resolution and Arbitration section will be null and void and, in that case, the exclusive jurisdiction and venue described in the section below labeled “Miscellaneous” will govern any action arising out of or related to these Terms.
General Terms.These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Transcarent regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise. The failure to require performance of any provision in any one instance will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, in any one instance be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Transcarent submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
Privacy Notice. Please review the Transcarent Privacy Notice (available at: https://transcarent.com/privacy-policy) carefully for information relating to our collection, use, storage, and disclosure of your personal information.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated into these Terms by this reference.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us and agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information.The Service is offered by Transcarent, Inc., located at 4700 S. Syracuse Street, Suite 900, Denver, Colorado 80237. You may contact us by sending correspondence to that address or by chatting with a live Health Guide directly in the Transcarent mobile application.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is only intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple.This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Transcarentonly, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Changes to Our Terms of Service
We will update our Terms as needed to provide the Services, or as applicable laws or business needs require. We will comply with applicable legal requirements regarding providing you with notice and/or consent when we make changes; requirements depend on on the type of change made. We also provide information about how our Terms have changed over time below.
Major changes made to the Notice
July 15, 2021
In this update, we:
∙ Redesigned the Terms to make it easier to read and understand.
∙ Added device security requirements.
∙ Provided updated information about what’s included in the Services, what Transcarent does and does not do, and how to manage your communication preferences.
∙ Changed the Feedback provisions and associated intellectual property rights provision.
∙ Updated our contact information.
We welcome any questions, concerns, or feedback you may have about the updates to this Notice.
If you have any questions, comments, or concerns about our Terms, please email us at firstname.lastname@example.org or write to us at Transcarent, Inc., 4700 S. Syracuse Street, Suite 900,Denver, CO 80237, Attention: Terms of Service Inquiries.