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Symptom Assessment Tool

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Terms and conditions

Effective Date: Mar 13, 2024

The following terms and conditions constitute an agreement between you (“you”) and Upswing Health, Inc. (“UpswingHealth,” “we,” “us” or “our”), the operator of www.UpswingHealth.com (the “Site”), and any related mobile applications or services provided by us (collectively, the “Services”).

These Terms of Use include the terms and conditions stated herein, together with the terms and conditions set forth in the Privacy Policy (the “Privacy Policy”), which collectively constitute the “Terms of Use.”

BY VISITING, USING, REGISTERING, OR OTHERWISE ACCESSING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL TO ACCEPT THE TERMS OF USE ON SUCH INDIVIDUAL’S BEHALF.

1. About the Site and the Services

UpswingHealth is a digital health platform dedicated to providing resources and information about sports-related injuries. Our Services facilitate community board discussions and provides users with resources to understand and evaluate their sports-related injuries.

What we do:

  • We offer a technology platform for you to connect with other athletes experiencing sports injuries on our community message board (the “Community Board”).
  • We offer information services through our digital information tools, such as our automated symptom checker (the “Symptom Checker”). The Symptom Checker presents a list of possible conditions to assist you in exploring common sports injuries based on your self-described symptoms. The conditions presented depend on how closely the conditions match the symptoms entered based on publicly available medical resources.
  • The results provided by Symptom Checker do not constitute medical advice, diagnosis or treatment. The Symptom Checker may provide details on next steps someone experiencing the symptoms entered would usually take or may provide general medical information of the types of conditions that people with similar symptoms have had. The Symptom Checker is not a medical device registered with the U.S. Food and Drug Administration.
  • We offer information services through our on-line chat service (the “Provider Chat”), which allows you to connect with licensed athletic trainers, physicians and other providers (the “Healthcare Providers”) to discuss your sports-related injury.
  • We perform research aimed at improving treatment options and health outcomes for athletes and others with sports and activity related injuries.
  • We offer access to Healthcare Providers (Upswing Coach and Orthopedic Physician).

Access to the Community Board and the Symptom Checker are free. The Provider Chat is available to subscribers after payment of our subscription fee (the “Subscription Fee”) and the Telemedicine Services are available to subscribers upon payment of the telemedicine fee (the “Telemedicine Fee”).

What we don’t do:

  • We don’t provide you with specific medical advice, diagnosis or treatment (we leave that to the Healthcare Providers providing Telemedicine Services).
  • We don’t control or interfere with the medical care you receive from your own health care providers.
  • We don’t control or interfere with the Healthcare Provider’s provision of medical care to you through Telemedicine Services.

2. The Different Types of Content Provided on the Site and Through the Services

We communicate or may communicate through the Site and the Services by using text, graphics, images, videos, photographs, audio, interfaces, content, sounds, artwork, computer code, and other information or materials posted or provided on, by, or through the Site and the Services (collectively, the “Content”). Some of the Content is provided by us (the “UpswingHealth Content”), and some of the Content is provided by others, including Content provided by other users in the context of the Community Board (the “Community Content”) and Content provided by users and Healthcare Providers in the context of a Provider Chat (the “Chat Content”) or in the context of Telemedicine Services (the “Telemedicine Content”). We have the right it use any Content that you post on the Site or in connection with using the Services in accordance with the Privacy Policy. UpswingHealth may, in its sole discretion, screen, monitor, refuse or remove any Community Content or Chat Content if it violates the Terms of Use or is otherwise objectionable or inappropriate.

3. We Do Not Provide Medical Advice, Diagnosis or Treatment   

WE DO NOT PROVIDE USERS WITH SPECIFIC MEDICAL ADVICE, DIAGNOSES OR TREATMENT (we leave that to the Healthcare Providers providing Telemedicine Services). The Content, including general information accessible on the Site, the Symptom Checker, Chat Content, Community Content, and communications from UpswingHealth or its employees, contractors or agents related to your use of the Site and Services, and all Content you receive from the Site or Services (other than Telemedicine Content) is provided for informational purposes only. Nothing on the Site and none of the Content should be considered specific medical advice, diagnosis or treatment, even if it is related to or provided to a User and is of a health or medical nature.

Only the Telemedicine Content received directly from a Healthcare Provider should be considered medical advice. You may receive Telemedicine Content through use of the Site and the Services, emails, or text messages. When you are utilizing Telemedicine Services, you agree to personally notify your Healthcare Provider of any information you believe to be important to your diagnosis or treatment.

The Site is appropriately used as an informational resource and should not be relied upon in lieu of seeking treatment from a health care provider. You agree not to delay or avoid getting medical care from other healthcare providers because of any information on this Site or that you obtained through the Services. You should always talk to your health care professionals for personal diagnosis and treatment, including information regarding which drugs or treatment that may be appropriate for you. Any medical advice provided to you by Healthcare Providers through the Telemedicine Services is based on your personal health data as provided by you and the local standards of care for your presenting symptoms based on your use of the Telemedicine Services.

THE SITE AND THE SERVICES ARE NOT FOR EMERGENCY USE. IF YOU HAVE OR THINK YOU HAVE A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1 IMMEDIATELY OR SEEK EMERGENCY MEDICAL HELP.

4. Choosing a Healthcare Provider

In connection with using the Site and the Telemedicine Services, you understand that YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. You agree that in exercising your responsibility to choose a Healthcare Provider, you are strongly advised to perform your own investigation of the Healthcare Provider prior to requesting an appointment, such as confirming checking with licensing or certification authorities to verify listed credentials, education, and other information that may be relevant for such Healthcare Provider’s specialty. Your schedule, the schedules of the Healthcare Providers, and other circumstances beyond our control may affect your ability to choose a Healthcare Provider and schedule an appointment. We have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time.

We use reasonable efforts to ensure that Healthcare Providers only participate in the Telemedicine Services if they hold all active licenses required by law to practice the specialties of the services offered by them and are not excluded from participation in the Medicare and Medicaid programs. UpswingHealth may exclude Healthcare Providers who, in our sole discretion, have engaged in inappropriate or unprofessional conduct.

We will provide you with search results of Healthcare Providers who may be able to provide the Telemedicine Services you seek based on information that you provide to us (such as insurance information and geographical location). The search results may also be based on other criteria including, availability, past selections and/or ratings by you or by other registered user, and past experiences of other registered users with Healthcare Providers. Ratings are based only on users’ reviews. We do not promote or feature Healthcare Providers on our list of Healthcare Providers available for Telemedicine Services because they pay us to do so.

5. Formation of Provider-Patient Relationship

A medical professional/patient relationship is only formed between you and the Healthcare Provider providing you with the Telemedicine Services. No medical professional/patient relationship is created between you and UpswingHealth or any Healthcare Provider by using the Provider Chat or by using any Content, whether such Content is provided by or through the use of the Site, the Services or through any other communications from UpswingHealth or the Healthcare Providers, including emails or text messages, links to other sites from our Site, or any assistance we may provide to help you find an appropriate healthcare provider for healthcare services.

6. Required Age to Use the Site and the Services

You must be 18 years of age or over (or the legal age to form a binding contract in your jurisdiction if that greater than 18 years), to register with us or use the Site and the Services. If you are between the ages of 13 and 18, you can use the Site or Services only with authorization and supervision of your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not register to use the Site or Services.

If you are the parent or legal guardian of a child between the ages of 13 and 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that you are authorized to enter into the Terms of Use on behalf of such child. You agree that all references in the Terms of Use to “you” shall refer to both your child and you in your capacity as the parent or legal guardian of such child. If you do not agree to these terms, do not use the Site or Services.

7. Accessing the Site and Services; Account Security

Portions of the Site and the Services are viewable without registering as a user with us. To register with us, you will be asked to provide certain personal information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As a user, you have a limited, personal and noncommercial, nontransferable right to access and use the Site and the Services, subject to the Terms of Use. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of the Terms of Use and comply with them. Your user name, password, and any other security credentials to access the Site and the Services are confidential, and you agree not to disclose it to any other person or entity. You agree that you must promptly inform us if your user name, password, and any other security credentials are lost or stolen. We reserve the right to disable any user name, password, or other security credential and deny use of the Site or Services at any time for any or no reason.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

8. Intellectual Property Rights

The Site, the Services, and the Content, including all functionality, design, arrangement, structure, expression, and “look and feel” of the Content is owned by UpswingHealth or its licensors and is protected protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.

You must not access or use any part of the Site or the Services for any commercial purposes. All rights not expressly granted to you by UpswingHealth in the Terms of Use are reserved by UpswingHealth. Any use of the Site not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark and other laws.

You can download, print, or store Content from the Site for your personal, non-commercial use. You cannot reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content for a commercial use or for any use that isn’t solely related to your personal use of the Site and the Services. You cannot delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

The UpswingHealth name and trademarks, including words and logo, and all related names, logos, product and service names, designs and slogans are trademarks of UpswingHealth or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and services names, designs and slogans on the Site are the trademarks of their respective owners.

9. Your Personal Information and our Privacy Policy

All information we collect on the Site is subject to our Privacy Policy, in effect from time to time as set forth therein. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. Acceptable Use Policy

Prohibited Uses. UpswingHealth determines acceptable behavior with respect to the use of its Site and Services. By accessing the Site and using the Services, you agree that you will not:

  • use the Service in any unlawful manner;
  • fraudulently or intentionally misuse the Services;
  • use the Services in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any third party (including a Healthcare Provider), in UpswingHealth’s sole discretion;
  • interfere with or inhibit any other user from using or enjoying the Services;
  • use the Services as a means to distribute unsolicited or unauthorized communications, advertisements, or spam;
  • access or search the Services by any means other than the authorized public interface;
  • collect or use any Content that violates any third-party right (whether a privacy right, an intellectual property right, or otherwise);
  • create a false identity, impersonate another person or entity, otherwise misrepresent yourself, or create user accounts or submit user-generated content by automated means or under false or fraudulent pretenses;
  • breach or otherwise circumvent any security measures incorporated into the Site or the Services; or
  • use the Services in any manner that is considered unacceptable by UpswingHealth.

Without limiting the foregoing, you also agree you will not, and will not attempt to:

  • interfere with or disrupt the functioning of the Site or Services in any manner, including the functioning of any software, hardware, network or server connected to the Site or the Services;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Services, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • distribute or transfer in any manner the Site or the Services or any part of the Services to any third party;
  • modify, reformat, adapt, or translate the Site or the Services, the Content, or any part of the Services for any purpose;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, index, monitor, or copy any of the Site, the Content, or any Services;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • use any means, including software means, to conduct web scraping of any portion of the Site, the Content, or the Services.
  • incorporate by any means any of the Content into another application, website or service;
  • reverse-engineer or create derivative works based on any part of the Services for any purpose, commercial or otherwise;
  • visit the Site or use the Services in any manner (commercial or otherwise) other than for your personal use as a customer of UpswingHealth;
  • use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations; or
  • visit the Site or use the Services in any manner that is inconsistent with the Terms of Use.

Our policy is to block access to or remove material that we identify and believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or other users. We may deny access to the Site and the Services to those who violate the terms on acceptable use.

Community Content. Users may submit Community Content to the Community Board. Community Content may include comments, questions, documents, and pictures. All Community Content comply with the requirements for acceptable use and the Terms of Use.

You acknowledge and agree that the Community Content may be viewable by other users of the Site and the Services. Like any Community Content you provide, other Community Content reflects the thoughts and opinions of users and you should not rely on such Community Content as a diagnosis of any sports injury or a guaranty of a certain outcome. We reserve the right to publish your Community Content as part of the Services and remove your Community Content for any reason. We are not responsible for any failure or delay in posting or removing any Community Content. You agree that in providing Community Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Community Content.

Without limiting the generality of the foregoing, you acknowledge and agree that, with respect to all Community Content submitted by you:

  • you are solely responsible for any information you submit, publish or display through the Services (as applicable);
  • you may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
  • you may not submit information that in any way:
    • is false, deceptive or misleading, or likely to deceive or mislead, in our sole discretion;
    • is harassing, offensive, discriminatory, sexually explicit, threatening, abusive, obscene, defamatory or libelous, in our sole discretion;
    • involves the transmission of unsolicited mass mailing or “spamming”;
    • violates, infringes or misappropriates the intellectual property or other rights of any person or entity;
    • promotes illegal activity or advocates or assists in unlawful conduct; or
    • violates antitrust, competition, or consumer protection laws.

We reserve the right to remove Community Content to the extent it violates any of the above agreements and/or to terminate your account. The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site or the Services. UpswingHealth reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.

11. Terms of Sale

All purchases from UpswingHealth through the Site or the Services or other transactions for the sale of the Services through the Site or the Services or as a result of your subscription for premium services are governed by the following terms of sale.

Fees and Purchase Terms. The Subscription Fee for premium services will be posted on the Site. Subscriptions can be purchased by paying the annual Subscription Fee. Your payment to UpswingHealth will automatically renew at the end of the subscription period unless your subscription is cancelled through your account settings.

UpswingHealth, on behalf of your Healthcare Provider, will charge you the Telemedicine Fee for the Telemedicine Services provided by your Healthcare Provider. You will be informed of the Telemedicine Fee prior to scheduling any Telemedicine Services. Payment will be due upon confirmation of a scheduled consultation. You must resolve any dispute with your Healthcare Provider or insurance company regarding the Telemedicine Fee directly with the Healthcare Provider or insurance company, as applicable. If you cancel an appointment for Telemedicine Services within 24 hours of the appointment time or do not use or report for your appointment, you will still be charged a fee for cancelled appointments. Except as stated in these Terms of Use or as otherwise agreed to in writing by Upswing, all fees paid are non-refundable.

The Subscription Fee and Telemedicine Fee may be updated from time to time and UpswingHealth will communicate any price changes to you in advance and, if applicable, how to accept those changes. Changes to the Subscription Fee will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Provider Chat prior to the price change going into effect or opting not to participate in further Telemedicine Services. Please make sure you read any such notification of price changes carefully.

You will be required to provide UpswingHealth with a valid credit card or any other method of payment accepted by us (“Payment Provider”) when you set up your billing account within our Services (“Your Account”). By providing UpswingHealth with your credit card information or Payment Provider and associated payment information, you agree that UpswingHealth is authorized to bill Your Account at the time any payments are due and to charge your designated credit card or Payment Provider account. If any charges are subject to sales tax in the applicable jurisdiction, you also agree to pay the required sales tax and any related penalties or interest. UpswingHealth may automatically charge sales tax for addresses within jurisdictions where collection of sales tax is required. You are responsible for all fees and charges associated with Your Account.

We use a third-party payment processor (the “Payment Processor”) to charge your credit card or Payment Provider account. The processing of payments in connection with your use of our Services will be subject to the terms, conditions and privacy policies of the Payment Processor and the Payment Provider responsible for your designated method of payment, in addition to UpswingHealth’s Privacy Policy and Terms of Use. You will promptly review all charges processed through the Payment Processor, and immediately notify UpswingHealth to the extent you have any questions, concerns or disputes with respect to UpswingHealth’s charges. We are not responsible for any errors by the Payment Processor or the Payment Provider.

You acknowledge and agree that neither UpswingHealth nor our Payment Processer will be responsible in any manner if either we or our Payment Processer are unable to complete a payment transaction for any reason, including:

  • if you have not provided us with accurate, current and complete payment information;
  • if you do not have sufficient available funds or available credit to complete the transaction;
  • if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
  • if your access to the Services, your account with us, or your account with your Payment Provider has been terminated or suspended for any reason;
  • if the service provided by our Payment Processer is down or available for any reason; or
  • if we or our Payment Processer have reason to believe that the requested transaction is unauthorized.

Payment of your Financial Obligations Under your Insurance Coverage and Benefits.  Certain Healthcare Providers may permit you to pay for all or a portion of your financial obligations for the Telemedicine Services under your insurance coverage and benefits (the “Insurance Payment Services”). While we endeavor to use reasonable efforts to validate your insurance information (for example, your copayment obligation), we make no guarantees and disclaim all warranties that the insurance information is correct since it is provided by the insurance provider or via a third-party clearinghouse. Please also keep in mind that (a) the insurance information is constantly being updated (for example, to reflect amounts you may have paid earlier towards your deductible); (b) you are likely to receive an explanation of benefits (or similar document) from you insurance company after you receive the Telemedicine Services; and (c) you may owe your Healthcare Provider more than the amount you paid through the Insurance Payment Services. You remain responsible for paying all amounts required by law and/or under your health insurance plan, including all cost-sharing obligations (such as copayments, deductibles and other coinsurance obligations).

If you do not have insurance coverage for the Telemedicine Services, then you are responsible for the full fee charged for the Telemedicine Services. If you choose not to provide any insurance information, then it is solely up to you to contact your health insurance plan, determine whether your coverage applies, and submit a claim if applicable. In such event, you are responsible for the full fee charged for the Telemedicine Services regardless of whether you are able to receive reimbursement from your health insurance plan for part or all of the cost.

SMS/Text Communications and Data Charges. If you have provided a mobile telephone number, we may send communications to you by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. If you use the Site and the Service from a device using wireless or cellular data, UpswingHealth is not responsible for any data access service or charges you may incur.  You are solely responsible for paying any applicable charges payable to your cellular, broadband and/or messaging provider(s).

12. Device Compatibility

UpswingHealth does not promise that the Site and the Services are compatible with all electronic devices and with all versions/updates of all operating systems or firmware. If you make changes to your operating system, web browser or firmware, your use of the Site may not function properly. UpswingHealth may, but is not obligated to, provide updates to the application that improve compatibility with updated operating systems, web browsers or mobile devices.

13. Third-Party Software

We may incorporate third party software as part of the Site or Services, including without limitation, open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where applicable, additional notices relating to the third-party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third-party software.

14. Violation of Terms of Use; Termination

In addition to any other rights we have reserved in the Terms of Use, we reserve the right to terminate your access to the Site and use the Services if you violate the Terms of Use or any part thereof, including the Privacy Policy. In the event that we terminate your access to the Site and deny you access to or use of the Services (whether through this section or elsewhere as provided in the Terms of Use), the Terms of Use shall survive termination and your obligations set forth herein shall continue in full force and effect.

15. Updates to the Site

We may update, modify, or remove the Content on the Site or the Services from time to time, but the Content is not necessarily complete or up-to-date. Any of the Content on the Site or the Services may be out of date at any given time, and we are under no obligation to update such Content.

16. Advertising; Links from the Site

We may receive additional fees from healthcare-related businesses that advertise on our Site and may provide special offers or promotions to UpswingHealth users from time to time. We may feature those special offers or promotions on the Site and through the Services (“Sponsored Offers”). We do not endorse or recommend any of these services or products. We only provide the advertising space for a fee.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, sponsored links and links for Sponsored Offers. We have no control over the contents of such third-party websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. Geographic Restrictions

The Services are not available in all states and the Telemedicine Services are available only in states in which we have established relationships with Healthcare Providers. In addition, use of the Services is not available for users residing in states where offering, accessing or using our Services would be illegal or unlawful.

18. Disclaimer of Warranties

The site, the services, and all content is available “AS IS” and “AS AVAILABLE” and without any warranties of any kind. Your use of the Site and the Services is solely at your own risk.

Without limiting the generality of the foregoing:

  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE.
  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS OR CREDENTIALS OF ANY HEALTHCARE PROVIDERS, OR EXPERTISE OR QUALITY OF WORK OF ANY HEALTHCARE PROVIDER.
  • WE DO NOT GUARANTY THAT ANY HEALTHCARE PROVIDER HAS READ, RECEIVED, REVIEWED OR UNDERSTOOD ANY PERSONAL HEALTH INFORMATION WHICH MAY BE PROVIDED BY YOU OR PERTAIN TO YOU.
  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO COMPLETENESS, ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SITE, THE SERVICES, OR ANY CONTENT.
  • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT ON THE SITE.
  • WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL HEALTHCARE PROVIDER LISTED OR ACCESSIBLE THROUGH THE SERVICES; ANY SPECIFIC TREATMENT, TESTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR THROUGH THE SERVICES; OR THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, THAT THE SITE OR THE SERVER THAT MAKES IT AND THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

19. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UPSWINGHEALTH, ITS AFFILIATES OR LICENSORS, HEALTHCARE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PERSONAL OR PROFESSIONAL REPUTATION HARM, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Without limiting the foregoing, we will not be liable for any injury resulting or arising from or related to the use of the Site or Services whatsoever.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

20. Indemnification and Release

You agree to indemnify and hold harmless UpswingHealth, its affiliates, subsidiaries, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, penalties, expenses or fees (including reasonable attorneys’ and consultants’ fees) arising out of or relating to your violation of the Terms of Use, your use of the Site, or your use of the Services.

21. Resolution of Disputes

In the unlikely event that UpswingHealth has not been able to resolve a dispute it has with you after attempting to do so informally (in its sole discretion), you agree to resolve any claim, dispute, or controversy (excluding any claims we might have for injunctive or other equitable relief) arising out of or relating to the Terms of Use, the Site, or the Services (collectively, “Claims”) by binding arbitration by the American Arbitration Association (“ AAA” ) in Hartford County, Connecticut under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing UpswingHealth from seeking injunctive or other equitable relief from the courts as necessary to protect any of UpswingHealth’s proprietary interests.

ALL CLAIMS BY A USER MUST BE BROUGHT BY THE USER IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (INCLUDING CLASS ACTION ARBITRATION). YOU AGREE THAT, BY ENTERING INTO THE TERMS OF USE, YOU AND UPSWINGHEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING.

22. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to the terms of use, the site, or the services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

23. Other General Terms

Governing Law.  The Terms of Use and any disputes arising therefrom, related thereto, or arising from or relating to the Site or the Services shall be governed by laws of the State of Connecticut without regards to its conflicts of law principles that might require the application of the laws of any other jurisdiction. We can’t take responsibility for laws outside of the U.S. or that could apply to the possible use of our Site or Service outside of the U.S. If you are accessing our Site or Services from outside the U.S., you should check whether it is lawful to access our services in your location and we take no responsibility for any differences in law in such jurisdiction.

Waiver and Severability.  In the event of the invalidity of any provision of the Terms of Use, such provision shall be deemed stricken from the Terms of Use, which shall continue in full force and effect as if the offending provision were never a part of the Terms of Use.

No Oral Amendments.  The Terms of Use cannot be orally modified by UpswingHealth, or any of its employees, agents, or representatives.

24. Effective Date; Changes to the Terms of Use

The Terms of Use are effective as of the effective date, as set forth at the top hereof. UpswingHealth reserves the right to change the terms of the Terms of Use at any time. If we make a change, we will post the new terms on the Site and revise the effective date at the top of this page. We will provide a notification to registered users the next time they login to the Services with the revised Terms of Use and users will be asked to acknowledge that they have read and accept the changes by clicking “I Agree.” We recommend that you read the Terms of Use each time you use our Site in case you missed our notice of changes. Your continued use of the Services and Site following the posting of changes to this Terms of Use will mean you accept those changes.

25. Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

26. Contacts

If you have questions, concerns or comments regarding the Terms of Use, please contact us at info@upswinghealth.com.

Privacy policy

Effective Date:  3/13/2024

Upswing Health, Inc. (“UpswingHealth,” “us,” “we,” or “our”) respects your privacy and we are committed to protecting the privacy of the visitors and users of the Site and the Services. This Privacy Policy (this “Privacy Policy”) is incorporated by reference into the Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning assigned in the Terms of Use.

BY VISITING, USING, REGISTERING, OR OTHERWISE ACCESSING THE SITE AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING THIS PRIVACY POLICY, AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE SITE OR ACCESS THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S BEHALF.

1. Introduction

This Privacy Policy describes the types of information we may collect from you or that you may provide when you use the Services and our practices for collecting, using, maintaining, protecting and disclosing that information. This Privacy Policy is only applicable to the Services and information we collect:

  • On the Site or through the Services
  • In e-mail, text and other electronic messages between you and the Site or the Services
  • Through mobile and desktop applications you download from the Site or the Services which provide dedicated non-browser-based interaction between you and the Site or the Services

This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Site or any website or digital services of UpswingHealth’s business partners, each of which may have data collection, storage and use practices and policies that may materially differ from this Privacy Policy.

2. Information We Collect

Personal Information

When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information:

  • Contact information, such as your name, address, e-mail address and phone number;
  • Demographic data, such as your gender, date of birth and zip code;
  • Insurance data, such as your insurance carrier, insurance plan, member ID, group ID and payer ID;
  • Payment information, such as your credit card number and billing address;
  • Medical and health information you choose to share with us through the Symptom Checker and the Provider Chat; and
  • Other information about you that you voluntarily choose to provide to us.

We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent. UpswingHealth may de-identify Personal Information, such that it no longer contains identifying information and is no longer Personal Information.

Billing, Collection and Payment Information

When you make a payment through our Services (as further described in our Sale and Additional Terms), your payment card information is processed by our payment processing partner, Stripe. Stripe collects your voluntarily provided payment card information necessary to process your payment. _Stripes’s use and storage of information it collects is governed by Stripe’s applicable terms of service and privacy policy. The information we store includes your payment card type and the last four digits of the payment card. We may provide to you the option to remove your stored payment card information through your account settings page.

Protected Health Information

UpswingHealth may collect contact, demographic, payment, and health and/or healthcare-related information that may be considered “Protected Health Information” or “PHI” under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”). This information may be collected, for example, through the Provider Chat. Information you provide through the Symptom Checker or on the Community Board would not be considered PHI.

You acknowledge that UpswingHealth may use the PHI in accordance with the terms of this Privacy Policy. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. UpswingHealth may only use and disclose PHI in the ways permitted by HIPAA. UpswingHealth may de-identify PHI, such that it no longer contains identifying information and is no longer PHI. Your Healthcare Provider may provide you with their own Notice of Privacy Practices.

Traffic Data

We also may automatically collect the following types of data when you use the Services:  (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.

3. How We Collect Information

Collection of Information

We collect information (which may include Personal Information, PHI and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such information includes:

  • When you use the Services’ interactive tools and services, such as the Symptom Checker or the Provider Chat;
  • When you voluntarily provide information in free-form text boxes or in uploaded documents or pictures through the Services;
  • When you respond to surveys or questionnaires from us;
  • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets UpswingHealth know when you are logged on and available to receive update or alert notices;
  • If you download our mobile application, we may receive information about your location and mobile device;
  • Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and
  • When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.

Tracking Tools

We may use tools outlined below in order to better understand users.

  • Cookies:  “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help us improve or tailor the Services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Services, customizing your experience with the Services and for analytics and fraud prevention. We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our business partners may use Cookies to display UpswingHealth ads on other websites and services based on information about your use of the Services and your interests (inferred from your online activity).  Other Cookies used by our business partners may collect information when you use the Services, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider and demographic information, such as gender and age range. These Cookies help UpswingHealth learn more about our users’ demographics and internet behaviors.

For more information on cookies, visit http://www.allaboutcookies.org.

  • Web Beacons:  “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the Services, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.
  • Website Analytics:  We may use third-party website analytics services in connection with the Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the Site. These website analytics services generally do not collect Personal Information or PHI through text that you type while in private restricted areas of the Site, such as using the Provider Chat, but may collect usage data, such as whether or not you provided a response. We use the information collected from these services to help make the Services easier to use and as otherwise set forth in Section 4, Use of Information (below).
  • Mobile Device Identifiers:  Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and Traffic Data. As with other Tracking Tools, mobile device identifiers help UpswingHealth learn more about our users’ demographics and internet behaviors.

Third-Party Use of Cookies or Tracking Tools

Some content or applications, including advertisements, on the Site may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect personally identifiable information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content on other websites.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We have provided information about how you can opt out of receiving targeted advertising from many providers below.

Options for Opting out of Cookies and Mobile Device Identifiers

Some web browsers (including some mobile web browsers) allow you to reject Cookies or alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept UpswingHealth’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (“NAI”) opt out page or the Digital Advertising Alliance (“DAA”) consumer opt-out page. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer or tablet indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer or tablet, you may need to opt out again.

Please note that even after opting out of interest-based advertising, you may still see UpswingHealth’s advertisements that are not interest-based or targeted specifically toward you. If you opt out of interest-based advertisements, UpswingHealth may still collect information about your use of the Services and may still serve advertisements to you via the Services based on information it collects through the Services.

Browser “Do Not Track” Signals

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including UpswingHealth, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

4. Use of Information

We use your Personal Information to provide the Services to you and to help improve them, including to:

  • Provide you with the Services and other products, services and information you request and to respond to correspondence that we receive from you;
  • Provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Site, the value of Services, and other products and services we offer to our users and our communities;
  • Notify you about certain resources we think you may be interested in learning more about;
  • Send you information about UpswingHealth or our products or Services;
  • Contact you when necessary or requested;
  • Customize and tailor your experience of the Services, which may include sending customized messages or showing you Sponsored Offers related to goods or services that may be of interest to you based on information collected in accordance with this Privacy Policy;
  • Send emails and other communications that display content that we think will interest you and according to your preferences;
  • We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria;
  • Combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy;
  • Use non-individually identifiable information in any way permitted by law, including with third parties in connection with their commercial and marketing efforts; and
  • Prevent, detect and investigate security breaches and potentially illegal or prohibited activities.

We may de-identify your Personal Information and PHI to aggregate it. The de-identified information may then be used in any manner consistent with applicable law. We may use information that is neither Personal Information nor PHI (including information that has been de-identified and aggregated) to better understand who uses UpswingHealth and how we can deliver a better user experience, to conduct research, or otherwise at our discretion.

5. Disclosure of Information

We may disclose your Personal Information, PHI and certain information that you provide to us or we collect from you as follows:

  • We may share your Personal Information and PHI with the Healthcare Providers engaging with you in the Provider Chat, providing you Telemedicine Services, or in the event of an emergency.
  • We may share your insurance-related Personal Information and PHI to the insurance provider you identify to us (via our business partners) for the purposes of determining eligibility and cost-sharing obligations, and otherwise obtaining insurance benefit plan information.
  • We may share your Personal Information (but not PHI) with organizations that collect, aggregate and organize your information.
  • We do not sell email addresses to third parties. You may voluntarily provide your e-mail address at your option to other providers who have referral links to their website from our Services.
  • We may share your Personal Information and Traffic Data with our business partners who perform core operational services for UpswingHealth (such as hosting, billing, fulfillment, data storage, security, insurance verification, or Website analytics set forth in Section 3 (Tracking Tools)) and/or by making certain features available to our users.
  • We may transfer your Personal Information, PHI or any other information we collect about you to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of UpswingHealth (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
  • We also may need to disclose your Personal Information, PHI or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) to prevent or lessen a serious and imminent threat to the health or safety of you, another person or the public; (3) enforce the Terms of Use with you; or (4) respond to claims that any posting or other content violates third-party rights.

In addition to serving our Users, UpswingHealth is interested in improving treatment options and health outcomes for everyone. UpswingHealth may disclose information that is neither Personal Information nor PHI, in individual and aggregate format, for use in scientific research and market research. When selling this information, UpswingHealth de-identifies and aggregates this information to reduce the possibility of re-identification.

6. Storage and Security of Information

We store and process your information on our servers in the United States and abroad. We maintain industry standard backup and archival systems.

We endeavor to follow generally accepted industry standards to protect the Personal Information and PHI submitted to us, both during transmission and in storage. All data is stored in encrypted format that meets standards defined by HIPAA. All data transfers are executed using secure socket layer technology.

Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, we do not and cannot guarantee the security of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted or required by law.

7. Amending and Deleting Your Personal Information

If you are a registered user of the Services, you may review and modify the information you entered into your user profile. You can modify your other Personal Information, including your username and password, by accessing the settings for your account.

If you wish to close your account, please email us at info@upswinghealth.com. We will delete your account and all of your Personal Information from our Site at your request as soon as reasonably possible. Please know that UpswingHealth does reserve the right to retain certain information from closed accounts in order to comply with law, prevent fraud, resolve disputes, enforce the Terms of Use and take other actions permitted by law. In addition, even if you request deletion, any research conducted, or in progress, prior to deactivation may still include your data.

8. Changes to this Privacy Policy

UpswingHealth reserves the right to change the terms of this Privacy Policy at any time. The process for changing this Privacy Policy is described in our Terms of Use. If we change the terms of this Privacy Policy, the new terms will apply to all Personal Information UpswingHealth maintains, including information that was created or received before such changes were made.

9. Contacts

If you have questions, concerns or comments regarding the Privacy Policy, please contact us at info@upswinghealth.com.