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terms-&-condition

Terms & Conditions

Effective Date: April 1, 2024

Welcome to MDChronic

These Terms of Use (the “Terms”) cover your access to and use of our Services. For purposes of these Terms, our “Services” include:

  • Our digitally based health care programs (the “Omada Programs”);
  • Our mobile applications, including Omada and Omada for Joint & Muscle Health (the “Apps”);
  • All related services and features that we provide.
In addition to this document, the Privacy Policy and the Notice of HIPAA Privacy Practices describe how we collect, use, and disclose personal information from you, and the Consent to Telemedicine Services (which applies to certain services within Omada for Joint & Muscle Health) confirms your informed consent to receive any aspects of the Services that are considered telemedicine. Each of the Privacy Policy, the HIPAA Notice of Privacy Practices, and the Consent to Telemedicine Services form a part of these Terms, and we refer to all four documents as the “Agreements.” Please read each of the Agreements carefully as they contain important information about your legal rights. By accessing or using the Services, you agree to be bound by each of these Agreements.
These Agreements constitute a binding legal agreement between you and MDChronic Health, Inc. and its affiliates and subsidiaries (and the Professional Entities described in the footnote below) (“MDChronic,” “we,” or “us”). If you are accessing or using the Services or inputting information because you have been authorized to help another person do so, these Agreements constitute a legally binding agreement between MDChronic and both the helper and the person being helped. You represent and warrant that you have the right, authority, and capacity to enter into these Agreements.

If you are not willing to be or cannot be bound by these agreements, Then you may not access or use the services. In addition, If you do not consent to the collection, USE, and Disclosure of your personal information, Including Health-Related information, As Described in these agreements, You should not access OR use services. We do not and will not grant you any right or License to access OR use the services unless you are willing and able to be bound by all of the Terms & Conditions in these agreements.

We may change or replace any terms of these Terms, the Privacy Policy, and the Notice of HIPAA Privacy Practices prospectively, at any time and for any reason at our discretion. We will post the most recent version of these Agreements on our Sites and in the Apps, and any changes to these Agreements will become effective when posted. You are responsible for checking these Agreements periodically for changes. If we change or replace any terms of these Agreements in a manner that meaningfully reduces your rights, we will notify you and designate a reasonable time period before the new terms will take effect. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the updated terms. If you disagree with any changes, you should stop using the Services.
If you accept these Agreements but later decide that you want to terminate your account, please contact Customer Support at support@omadahealth.com, and we will verify and complete your request.

1. Our Services

Our Services include the Omada Programs, the Apps, the Sites, and all related services and features provided by us.
As part of the Services, we offer the Omada Programs, which are digitally based health care programs for people at risk for or living with certain health conditions or injuries or seeking to prevent those conditions or injuries. We offer the Omada Programs to certain individuals that meet any applicable condition-specific clinical criteria that we have established for enrollment or for specific features. We deliver the Omada Programs through the Apps and our Sites.

Our Services may include, without limitation:

  • Access to information, text, graphics, photos, resources, or other materials appearing in the Omada Programs, in the Apps, on the Sites, or in any aspect of the Services (the “Content”), including educational Content relevant to your health goals;
  • The ability to create, upload, transmit, display, and access User Submissions (as described in the section entitled “Types of User Submissions” below); The ability to interact with our relevant personnel, including our support teams, and for individuals enrolled in the Omada Programs, certain professionals on our care teams (the “Care Teams”), which can include health coaches, licensed physical therapists, and other professionals, as applicable;
  • For certain of the Omada Programs, the ability to participate in one or more online communities and to interact with other Omada Members in connection with your health goals;
  • For certain individuals enrolled in Omada for Joint & Muscle Health, the ability to participate in secure, synchronous video consultations with licensed physical therapists;
  • The ability to request aspects of your health information to share with other healthcare providers, friends, or family so that they can understand how you use the Omada Programs; and
  • Access to other information about us and our products and services through the Sites and any other features, content, or applications that we may offer from time to time.

2. Access To Our Services

As mentioned above, we make certain of these features available only to Omada Members in the applicable Omada Programs and only for the duration of their access to and use of those Omada Programs.

To enroll in an MDChronic Program or use an App, you must register as more fully described below in the section entitled “Registration.” The Omada Programs and the Apps are available only to individuals who:

  • Meet minimum age requirements (MDChronic for Joint & Muscle Health and at least 18 years old for the other MDChronic Programs);
  • Meet any applicable condition-specific clinical criteria that we have established for enrollment or for specific aspects of the MDChronic Program;
  • Complete the registration process that we prescribe.
By accessing or using an MDChronic Program or an App, you represent that you meet the minimum age requirements described above.
 
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may also change any applicable criteria used to determine clinical eligibility for one or more MDChronic Programs or features of the MDChronic Programs at any time for any reason. This provision is void in jurisdictions where it is prohibited by law, and accordingly, we revoke the right to access the Services in those jurisdictions.
 
We reserve the right to change, replace, suspend, or discontinue the Services or any component of the Services (including, without limitation, any feature, specification, database, or content) at any time and for any reason at our discretion. We will not be liable to you for any change, replacement, suspension, or discontinuation of your rights to access or use the Services. We may also impose limitations on certain features or parts of the Services or restrict your access to part or all of the Services without notice or liability.

3. Limitations Regarding Medicine And Medical Treatment

The service enable MDChronic members to access the content and to Interact with our care teams and Support teams. In certain Instances, Care Team members with professional licenses in relevant clinical areas may deliver to you Aspects of the MDChronic programs that require such a License under Applicable Law (“LICENSED SERVICES”).
Aside from those Aspects of the MDChronic programs that are licensed services, We do not provide any Medical advice OR Medical treatment. The content and any information provided by our personnel other than the license services (SUCH AS SUPPORT SERVICES OR INFORMATIONAL CONTENT) are for informational purposes only and should not be used for the Diagnosis OR treatment of any Medical Condition.
 
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF MEDICAL TREATMENT, THERAPY, OR TREATMENT FOR ANY INJURY OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES. THE SERVICES ARE DESIGNED TO COMPLEMENT THE TREATMENT PLANS PROVIDED BY YOUR OWN PHYSICIAN OR QUALIFIED HEALTH PROVIDER – NOT TO REPLACE IT.
 
TO THE EXTENT THAT, IN ADDITION TO THE SERVICES YOU RECEIVE FROM US, YOU ALSO RECEIVE MEDICAL CARE FROM ANOTHER PARTY (INCLUDING ANY PROVIDER THAT MAY PROVIDE A REFERRAL FOR OUR SERVICES, ANY PROVIDER PROVIDING A PRESCRIPTION, AND ANY SUPPLIER OR DURABLE MEDICAL EQUIPMENT), THAT MEDICAL CARE IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY US. YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS, TREATMENT, OR THERAPY IN CONNECTION WITH THAT MEDICAL CARE, INCLUDING WITHOUT LIMITATION, ANY LEGALLY REQUIRED CONSENT TO USE TELEMEDICINE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT OR THERAPY, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN FROM THIRD PARTIES IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES.

4. No Emergency Services

THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. WE DO NOT CARRY EMERGENCY OR TIME-CRITICAL COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE. THE SERVICES DO NOT REPLACE 911, YOUR PERSONAL HEALTH CARE PROVIDERS, ADVICE NURSES, OR OTHER EMERGENCY ASSISTANCE. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SERVICES OR RELY ON THE SERVICES IN ANY WAY FOR EMERGENCY ASSISTANCE OR A PROMPT RESPONSE. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

If we become aware of or contemplate an emergency, we may secure from any hospital, physician, and/or medical personnel (“Emergency Responders”) any emergency treatment that we deem necessary for your immediate care in our sole discretion. You understand and agree that, if we take any action to secure Emergency Responders on your behalf, you, and not we, will be solely responsible for payment of all medical services rendered in connection with that treatment.

5. Downloading The Apps From App Providers

In order to access and use any of the Apps, you must download it from a digital distribution platform, such as the Apple App Store or Google Play (the “App Provider”). Even though you must download the App from the App Provider, these Agreements are between you and us (and not the App Provider). The App Provider has no obligation to furnish any maintenance or support services regarding the Apps. The App Provider also is not responsible for addressing any claims (from you or from any third parties) that relate to any of the Apps or that relate to your possession or use of the Apps, including but not limited to any claims that relate to product liability, claims that an App does not comply with applicable legal or regulatory requirements, and claims arising under consumer protection laws or similar legislation. If a third party claims that one of the Apps or your possession or use of that App infringes that third party’s intellectual property rights, we (and not the App Provider) will be responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Agreements. Even though these Agreements are between you and us, you must also comply with any other applicable terms of service from the App Provider or other applicable third parties when you access or use the Services.

6. Registration

As a condition to enrolling in an Omada Program, you will be required to register with us and to submit information to us either through the Apps or the Sites (or in some cases, by video or phone). You represent and warrant that all information that you submit to us is complete, accurate, and truthful. If you allow a third party to assist you in providing any information to us, including in registering or applying for an Omada Program, you represent and warrant that you have reviewed that information and confirmed that it is complete, accurate, and truthful prior to its submission. If our support teams or other employees or agents that we provide assist you in providing any information to us, including in registering or applying for an Omada Program, you represent and warrant that you will review that information and confirm that it is complete, accurate, and truthful immediately after any summary is made available to you. You also agree to maintain the information that you submit to us (or that any third party submits on your behalf) and to update it promptly for any changes. Failure to keep your information current will constitute a breach of these Agreements, which may result in immediate termination of your account.
In registering for one or more Omada Programs, you will select a screen name (“User ID”), which might be used for all Omada Programs. You are solely responsible for choosing your User ID, and you agree not to select or use as your User ID (a) the name of another person with the intent to impersonate that person, (b) a name that is subject to any rights of another person without appropriate authorization, or (c) any name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of any User ID or to cancel any User ID in our sole discretion. In addition, you agree never to use another Omada Member’s account without that Omada Member’s express permission.
In registering for any Omada Program, you also will set an account password. You are solely responsible for setting your password and for maintaining its confidentiality. You also are solely responsible for all activity that occurs on your account. You agree not to share your password with any person, not to permit any person to have access to your password, and not to otherwise facilitate the use of your User ID and password by any other person. You agree to notify us in writing immediately of any unauthorized use of your password or account or any other security breach of which you become aware.

7. Consent To Receive Email And Phone Communications; Electronic Communications

As a condition to accessing or using the Omada Programs, the Apps, and certain other aspects of the Services, you must provide us with your email address and phone number. By participating in the Services, you agree and consent to our communicating with you via email, SMS/text messages, voice calls, push notifications, and other electronic communications that relate to the Services. Emails and SMS/text messages that we send to you may be unencrypted and our communications may contain personal information, including protected health information. You agree that we may send these communications to you unless you choose to unsubscribe or change your communication preferences in the App, which you may do at any time. You agree that we may call the phone number that you provide and leave a message on voicemail regarding any issues related to Omada’s performance of any health care activities through an Omada Program, such as reminders, insurance matters, payment obligations, and any calls pertaining to my care. You further agree that we may send you SMS/text messages related to Omada’s performance of any health care services through an Omada Program, such as reminders, insurance matters, payment obligations, and any communications pertaining to my care, including automated text message campaigns.

By accessing or using the Services, you demonstrate and agree that you can access information that we post electronically and receive electronic communications from us. As part of using the Services, you agree to receive all agreements, notices, disclosures, and other communications that we provide to you in electronic form, including all communications that we are required by law or these Agreements to provide to you. You also acknowledge that receipt of these communications in electronic form satisfies any legal requirement that the communications be in writing. Your consent to receive electronic notices, disclosures, and other communications applies to any notice or other information that we provide in connection with your application, registration, or enrollment in an Omada Program and all communications relating to your access to and use of the Services.