Pinebank Health Terms of Use
Heyday Health, Inc. (“Company,” “Heyday Health,” “we,” “us,” or “our”) operates the website at www.pinebankhealth.com (the “Website”) and provides administrative and operational support for Pinebank Health, a care navigation service (together with the Website, the “Service”). Clinical care coordination, telehealth intake, illness navigation, and related clinical services that you may receive through the Service are provided by the licensed providers of Heyday Health Medical Group, Inc. (the “Medical Group”), an affiliated professional medical corporation. Heyday Health does not itself provide medical care, employ the treating providers, or practice medicine.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE, CLICKING “I ACCEPT,” COMPLETING REGISTRATION, OR OTHERWISE USING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE TO FORM A BINDING CONTRACT; (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER APPLICABLE LAW; AND (4) IF YOU ARE USING THE SERVICE ON BEHALF OF ANOTHER PERSON, YOU HAVE AUTHORITY TO DO SO AND TO BIND THAT PERSON. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT GOVERN HOW DISPUTES ARE RESOLVED. PLEASE READ IT CAREFULLY.
1. The Service and the Roles of the Parties
Heyday Health operates the Website and provides non-clinical administrative, technology, and operational support for the Service. The Medical Group and its licensed providers are solely responsible for all clinical services, clinical judgment, and treatment decisions. Nothing on the Website is intended to influence or substitute for the independent clinical judgment of the Medical Group's providers.
Content on the Website itself, including any general information, is for informational purposes only and is not medical advice. The Website by itself does not create a provider-patient relationship. A provider-patient relationship is formed only with the Medical Group when you engage its providers for clinical services, and that relationship is governed by the separate consents you complete and by the Medical Group's HIPAA Notice of Privacy Practices.
The Service does not provide emergency services. If you think you may have a medical emergency, call 911 or go to the nearest emergency department. If you are in crisis, call or text 988 for the Suicide and Crisis Lifeline.
2. Eligibility
The Service is intended only for individuals who are 18 years of age or older. By using the Service, you represent that you meet this requirement and that you have the authority to enter into this Agreement, personally or on behalf of the person you are assisting.
3. Registration and Account
To access certain features, you may need to register an account. Account registration and authentication may be facilitated through third-party providers. You agree to provide true, accurate, current, and complete information and to keep it updated. You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, and for notifying us promptly of any unauthorized use. We may suspend or terminate an account that contains inaccurate information or that we reasonably believe has been misused.
4. Clinical Services, Consents, and HIPAA
Clinical services are provided by the Medical Group's licensed providers. Before receiving clinical services, you will be asked to review and complete the Medical Group's consents, which may include a consent to treatment and care navigation, a telehealth consent, an authorization to release and exchange health information, and an assignment of benefits. Your protected health information is governed by the Medical Group's HIPAA Notice of Privacy Practices, not by this Agreement or by the Website Privacy Policy. In the event of a conflict between this Agreement and the HIPAA Notice as to protected health information, the HIPAA Notice controls.
5. Telehealth
Certain clinical services, including your intake, may be delivered by telehealth using secure audio or video technology, as determined clinically appropriate by a Medical Group provider. Telehealth may limit certain aspects of physical examination. Telehealth is not a substitute for emergency care. The benefits, risks, and your rights regarding telehealth are described in the telehealth consent you complete with the Medical Group.
6. Recording and Transcription of Visits
With your consent, the Medical Group may record or transcribe your visits using secure, HIPAA-compliant technology, including AI-assisted documentation tools, to support your care and clinical documentation. You are responsible for complying with applicable recording-consent laws if you separately choose to record any interaction. Recordings and transcriptions made by the Medical Group are treated as protected health information and handled in accordance with the HIPAA Notice of Privacy Practices. You may withdraw your consent to recording and transcription at any time as described in your consent, which will not affect recordings already made.
7. Artificial Intelligence Features and Limitations
The Service may include features powered by artificial intelligence, including AI-assisted documentation and navigation tools. AI-generated content is produced by machine learning models, including models provided by third-party AI platforms such as Anthropic, and may be inaccurate, incomplete, or outdated. AI-generated content is not medical advice, is not a diagnosis or treatment recommendation, and is not a substitute for the judgment of a licensed provider. A licensed provider remains responsible for your clinical care. Your interactions with AI features, including content submitted for analysis, may be transmitted to and processed by third-party AI platforms to generate responses, subject to the Privacy Policy and applicable data processing agreements. AI tools are not used to make autonomous clinical decisions.
8. Fees, Insurance, and Payment
Navigation and related clinical services are generally billed by the Medical Group to your insurance, including Medicare, on a recurring (typically monthly) basis, in accordance with applicable federal and commercial rules. Only one provider or organization may bill your insurance for care coordination or navigation services for the same condition during the same month. Depending on your coverage, a copay, coinsurance, or deductible may apply, and coverage and payment are determined by your plan. To the extent any amounts are payable by you out of pocket, payments may be processed through third-party payment processors, and you authorize the Company and its processors to process those payments. You are responsible for charges not covered by insurance to the extent permitted by law.
9. Your Medical Records
To coordinate your care, the Medical Group may request, receive, and review your medical records, as authorized by the records-release authorization you complete. If you choose to share health-related documents with your care team, you represent that you have the right to provide them. Health record information handled in connection with your care is protected health information governed by the HIPAA Notice of Privacy Practices. The Medical Group does not independently verify the accuracy or completeness of records provided by others, and you are responsible for the accuracy of information you provide.
10. User Conduct and Restrictions
As a condition of use, you agree not to: (i) use the Service for any unlawful purpose or in violation of this Agreement; (ii) copy, distribute, sell, rent, or commercially exploit the Service or its content, except as expressly permitted; (iii) reverse engineer, decompile, or attempt to derive source code, except to the extent permitted by law; (iv) use automated means such as bots, scrapers, or crawlers to access or collect data from the Service; (v) interfere with or disrupt the Service or its security features; (vi) impersonate any person or entity; or (vii) upload, store, or transmit health records or other personal information of any third party without that third party's authorization. Any unauthorized use terminates the licenses granted under this Agreement.
11. Third-Party Services
The Service may link to or integrate with third-party websites, applications, and services, including health record services, AI platforms, authentication providers, and payment processors. These are not under our control, and we are not responsible for them. Your use of third-party services is at your own risk and subject to their terms and privacy practices.
12. Intellectual Property; Feedback; Your Content
The Company and its licensors own all right, title, and interest in the Service, including all software, content, and marks, except for content you provide. You may not remove or obscure any proprietary notices. If you submit feedback, you grant the Company a royalty-free, perpetual, irrevocable, worldwide license to use it without restriction or compensation. Subject to your account settings and the HIPAA Notice as to protected health information, you grant the Company a non-exclusive, worldwide, royalty-free license to use content you provide solely to operate and provide the Service to you and, only on an aggregated and de-identified basis not linked to your identity, to improve the Service.
13. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY AI-GENERATED CONTENT, HEALTH RECORD SUMMARIES, OR TRANSCRIPTIONS WILL BE ACCURATE, COMPLETE, OR FREE OF ERRORS OR OMISSIONS. THE SERVICE IS NOT A MEDICAL OR EMERGENCY NOTIFICATION SERVICE AND IS NOT A SUBSTITUTE FOR OBTAINING YOUR OWN MEDICAL CARE. “COMPANY PARTIES” MEANS THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT. THE COMPANY PARTIES' TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO THE COMPANY IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY'S NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, AND DO NOT LIMIT ANY RIGHTS YOU HAVE AGAINST THE MEDICAL GROUP FOR THE CLINICAL CARE IT PROVIDES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify and hold the Company Parties harmless from any losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of (i) your violation of this Agreement, (ii) your violation of any law or the rights of another party, or (iii) your use of any recording or transcription feature in violation of applicable recording-consent laws. This provision does not require you to indemnify a Company Party for its own fraud or unconscionable conduct.
16. Term and Termination
This Agreement is effective when you accept it and continues while you use the Service. We may suspend or terminate your access at any time, with or without cause, and immediately for material breach or as required by law. You may terminate by closing your account and notifying us. Upon termination, your right to use the Service ends. Provisions that by their nature should survive, including ownership, disclaimers, limitations of liability, indemnification, and the arbitration agreement, survive termination. Termination of Website access does not by itself terminate your clinical relationship with the Medical Group, which is governed by your consents with the Medical Group.
17. SMS and MMS Messaging
If you provide your telephone number, you consent to receive text messages from Pinebank Health (a service of Heyday Health, Inc.) and the Medical Group. Subscribers opt in via www.pinebankhealth.com and through the Service to receive messages, which may include appointment confirmations and reminders, care navigation notifications, verification messages, and other service-related messages, delivered through AWS Notify. Message frequency may vary per user.
Text HELP for help. Text STOP to cancel. You may opt out at any time by replying STOP.
Message and data rates may apply for any messages sent to you from us and to us from you. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, contact your wireless provider.
For all questions about the services provided, you can email support@pinebankhealth.com or call (508) 686-1305.
If you have questions regarding privacy, please read our Privacy Policy at www.pinebankhealth.com/privacy. You do not need to consent to messaging to receive services, though opting out may affect service-related messages such as reminders. Text messaging originator opt-in data and consent will not be shared with any third parties. Marketing messages, if any, require separate opt-in consent.
18. Electronic Communications and Signatures
You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures and records and to the electronic delivery of notices, and you waive any requirement of a non-electronic signature or record, to the extent permitted by law.
19. Governing Law; Arbitration; Class Action Waiver
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, consistent with the Federal Arbitration Act. Any dispute arising out of or relating to the Service or this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring a qualifying claim in small claims court or seek injunctive relief for intellectual property misuse. Before initiating arbitration, the parties will attempt to resolve the dispute through a good-faith informal conference. Unless the parties agree otherwise, arbitration will take place in the county where you reside.
YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS WAIVER IS FOUND UNENFORCEABLE, THE REMAINDER OF THIS SECTION SURVIVES. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING IT BY SENDING WRITTEN NOTICE TO THE CONTACT ADDRESS BELOW.
20. General Provisions
This Agreement, together with any applicable supplemental terms and the Privacy Policy, is the entire agreement between you and the Company regarding the Service. Supplemental terms may apply to specific features and control over these terms for those features. You may not assign this Agreement without our consent; we may assign it freely. Our failure to enforce a provision is not a waiver. If a provision is found unenforceable, the remaining provisions remain in effect. We may update this Agreement by posting a revised version and updating the “Last Updated” date; changes are effective immediately for users without an account and 30 days after posting for users with an account. If you do not agree to a change, stop using the Service.
21. Contact
Pinebank Health is a service of Heyday Health, Inc.
Email: privacy@pinebankhealth.com
1 Mifflin Place, Suite 400, Cambridge, MA 02138