Patient Terms of Use

1. Cadence Services

‍This Cadence Terms of Use is a contract governing the remote physiological monitoring (“RPM”), chronic care management (“CCM”), and/or telehealth services (collectively, the “Services”), as applicable, provided by Cadence Solutions, Inc., and Cadence Health FL, PLLC (together, “Cadence,” “us,” or “we”) to any patients and/or their caregivers (collectively, “You”). The Services include providing You with connected medical Devices (as defined in Section 5 below) that You will use to transmit Your vitals readings to Cadence to enable Cadence to monitor Your health on a non-continuous basis by a remote care team to help treat and/or manage certain of Your health conditions. By using the Services, You agree to comply with these Terms of Use (the “Terms”) and any other instructions provided to you by Cadence. These Terms are subject to change at any time by Cadence and you must continue to review any updates to the Terms by visiting the Cadence website (https://www.cadence.care/patient-terms-of-use). It is your responsibility to continuously monitor these Terms for any changes or updates. You understand that You can disenroll from the Services at any time. You agree that Cadence’s Services start upon the first successful transmission of Your vitals data from a connected Device to Cadence for review.

2. Non-Emergency Use

Cadence’s Services are not intended for use by healthcare providers or patients for continuous monitoring of any health condition. The Services do not allow immediate clinical action in an emergency situation and are not an emergency response system. If You are experiencing an emergency, You should always seek appropriate emergency care, and should not rely on the Services to have your health conditions continuously monitored. If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1, or go to the nearest emergency room. YOU AGREE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR OWN RISK.

3. Patient Conduct

In order to receive the Services, You must remain engaged in the Services regularly, which includes but is not limited to Your attendance and participation at Your scheduled telephone appointments, response to communications received by You from Cadence and/or our staff, transmission of Your vitals data from the Device(s) to us at least 16 days out of every 30 days, and treatment of our staff respectfully at all times. Cadence may terminate Your Services if You fail to comply with the foregoing, fail to communicate with us for at least 60 days, or fail to comply with these Terms in any way. Any medical advice provided to You by Cadence is based on the personal health information You provide to us which means that if You do not provide complete and accurate personal health information to us, the medical advice You receive may not be accurate or appropriate. If applicable, You agree that we may share information about You and our Services with any of Your appointed representatives and/or caregivers.

4. Patients’ Financial Obligations

YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR THE SERVICES. DEPENDING UPON YOUR INSURANCE COVERAGE, YOU MAY BE RESPONSIBLE FOR PAYING ANY COPAYMENT, CO-INSURANCE, OR DEDUCTIBLE AMOUNT ASSOCIATED WITH THE SERVICES, AND YOU UNDERSTAND THAT THERE MAY BE SEPARATE PAYMENTS ASSOCIATED WITH AN ENROLLMENT IN THE RPM AND CCM PROGRAM. You assign and authorize payment of any third-party benefits You may have, like insurance coverage, to us and/or your physician supervising the Services (i.e. our customer), as applicable, and agree to be financially responsible for these Services. Cadence is not an insurance company or medical billing company and will not be able to guarantee Your financial obligations in any instance. You understand that only one provider can furnish CCM services to you at any given time.

5. Devices

The Services are intended to be used in conjunction with certain medical Devices, such as blood pressure monitors, glucometers, weight scales, pulse oximeters, and other medical Devices (the “Devices”) that measure certain health data and transmit that data to Cadence. You are responsible for ensuring You use the Devices appropriately and in accordance with the instructions provided to You by Cadence, including not transmitting data of anyone other than Yourself and remaining engaged in the Services by taking Your health readings. Cadence does not manufacture the Devices that are provided with the Services and is not responsible for any inaccuracies or delays that may occur when You use a Device, or when data is transmitted to the Cadence platform. You must also return the Devices back to us in good condition (excluding normal wear and tear) after you are done receiving the Services.

6. Communications with Cadence

You agree that Cadence may communicate with You through phone calls (whether to your landline or cell phone number), voicemails, text messages, and email messages, including through the use of automated telephone dialing systems, and use of artificial or prerecorded voice messages. You understand the communications may be about any matter, including, but not limited to, Your medical treatment, prescriptions, insurance eligibility, insurance coverage, scheduling, billing or collection matters related to Your healthcare and the Services. You understand that these communications are not encrypted or secure, and You assume the risks of transmitting health information via unsecure means. You understand that all calls between You and/or your caregiver and Cadence may be recorded as permitted under state law for quality assurance purposes. You may opt-out of text messaging by texting “STOP” to 1-984-368-4488. If You incur any costs from being contacted at the telephone number(s) or email address(es) provided, including but not limited to data, roaming, text messages, additional minutes or other fees, You understand that You are responsible for such costs and neither Your healthcare provider nor Cadence is responsible for paying these charges. This consent also applies to any updated or additional contact information that You may provide.

7. HIPAA

Cadence must protect the confidentiality and security of your Protected Health Information (as defined by the Health Insurance and Portability and Accountability Act of 1996, as amended, “HIPAA”) in accordance with HIPAA. As permitted by HIPAA, You agree that in providing the Services, Cadence may use and disclose Your Protected Health Information for payment, treatment, and healthcare operations purposes and to any individuals or entities that you instruct may receive Your Protected Health Information (like Your caregivers and/or emergency contacts). Notice of Privacy Practices are available from Your healthcare provider.

8. Disclaimer of Warranty; Limitation on Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CADENCE, ITS CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND MATERIALS PROVIDED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ACCESS TO THE SERVICES MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF CADENCE, ITS CLIENTS, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED IN THE SERVICES; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Force Majeure

In no event shall Cadence be responsible or liable for any failure or delay in the performance of the Services arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics and/or pandemics; riots; power, electricity, cellular, or internet failures, outages, delays, or interruptions; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss, or malfunction of utility, transportation, computer (hardware or software), internet, Bluetooth, cellular, cloud, device functionality, or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.