Terms of Use

Last Updated: December, 2025

Effective: December 15, 2025

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Welcome, and thank you for your interest in Transcarent.

These Terms of Service (“Terms”) apply to your use of Transcarent’s WayFinding^TM platform, 2nd.MD®, PlushCare®, Accolade®, Just Ask Transcarent^TM, services accessed via the Transcarent Experience Store and Trusted Partner Ecosystem, and Transcarent’s other products and services, along with any associated software applications and websites (all together, “Service”), including our website at transcarent.com (the “Site”), and to the Healthcare Services (as defined below) you access through the Services. These Terms form a legally binding agreement between you and Transcarent, Inc., a Delaware corporation (together with its affiliates, “Transcarent,” “we,” or “us”). By using our Service, you agree to these Terms.

Transcarent may provide Services to you under your group health or welfare plan (“Plan”). If so, the terms of your Plan contract also apply to your use of the Services and may control in the event of any conflict with these Terms. Please refer to your Plan’s service benefit brochure.

Our Privacy Notice explains how we collect, use, and share personal information.

Certain Services may be subject to supplemental terms, service-specific disclaimers, or end-user license agreements. Where supplemental terms apply, those terms are incorporated by reference and form part of these Terms.

IMPORTANT NOTICE: PLEASE REVIEW THIS AGREEMENT CAREFULLY. THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DESCRIBED IN SECTION 15. YOUR CONSENT TO TELEHEALTH SERVICES, WHEN APPLICABLE, IS PROVIDED IN SECTION 3.

Important Notice: 2025 Accolade Merger

Effective April 8, 2025, Transcarent, Inc. acquired Accolade, Inc. and its affiliated entities, including Accolade 2ndMD LLC d/b/a 2nd.MD and PlushCare, Inc. These organizations and the services offered under their brands are now operated under the Transcarent umbrella.

Important Notice: Health Services & Information

Transcarent does not engage in the practice of medicine. It is important to note that “Service” as defined above and used throughout this document does not include any of the clinical or medical health and care services you may access through our solution, which may include “Healthcare Services” (as defined below) you receive from Transcarent’s affiliated medical groups, including PlushCare and The Transcarent Clinic, and/or other healthcare you receive from a third party healthcare facility, practitioner, professional, or specialist using or accessible through the Service (“Care Providers”). These services are provided by independent health care practitioners. Transcarent itself is not a licensed medical professional; we provide access to the Service along with transparent information and trusted guidance to empower you to effectively navigate these services.

“Healthcare Services” means the clinical, medical, telehealth, diagnostic, behavioral health, or other healthcare services you may access from licensed professionals or Care Providers through or in connection with the Transcarent platform. In the event you access Healthcare Services, Section 3 sets forth the terms and conditions under which the Care Providers will provide such Healthcare Services to you in addition to other terms and conditions that you may separately agree upon with the Care Providers.

Table to Contents

Transcarent Terms of Services

General Terms
Your Relationship with Transcarent
Care Providers Terms and Conditions
General Payment Terms
Privacy Policy
Intellectual Property
Third-Party Terms
Information Submitted via the Service (User Content)
Communications
Prohibited Conduct
Acceptable Use Policy
Term, Termination and Modification of the Service
Exclusions and Limitations of Liability
Service-Specific Terms
Dispute Resolution and Arbitration
Miscellaneous

Contact Information

1. General Terms

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR CONTINUING TO USE THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT: (A) YOU ARE AT LEAST 18 YEARS OLD OR FULLY COMPLY WITH THE TERMS APPLICABLE TO INDIVIDUALS UNDER 18 YEARS OF AGE SET FORTH BELOW; (B) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICE ; AND (C) YOUR REGISTRATION AND YOUR USE OF THE SERVICE IS IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE AN ENTITY, ORGANIZATION, OR COMPANY, THE INDIVIDUAL ACCEPTING THESE TERMS ON YOUR BEHALF REPRESENTS AND WARRANTS THAT THEY HAVE AUTHORITY TO BIND YOU TO THESE TERMS AND YOU AGREE TO BE BOUND BY THESE TERMS.

If you are under 18 years of age (or the age of legal majority where you live), you may use the Service only if you are at least 12 years old and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Users 11 years of age and under may not use the Service directly and may only access it through a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Service. Additionally, there are circumstances in which certain adult users of the Service may be eligible to use the Service to seek medical care for or on behalf of a Minor (as defined below). The terms and conditions governing the use of the Service by an adult to seek medical care for or on behalf of a Minor are set forth in Section 7 below concerning pediatric medical care. For purposes of this Agreement and all uses of the Service and, a “Minor” is a person that is under 18 years of age (or the age of legal majority where the Minor lives). A minor aged 12-17 may use the Service under the supervision and with the consent of a parent or legal guardian, and Transcarent may restrict parental access to certain categories of sensitive health information in accordance with the applicable law. Transcarent reserves the right to request proof of age at any point so that it can verify that Minors are not using the Service without supervision by an authorized adult. If Transcarent believes that a Minor is using the Service without adult supervision, it may block the Minor from using the Service.

If applicable, the aforementioned requirements will also govern your receipt of Healthcare Services from the Care Providers. If you are not eligible, or do not agree to the Terms, PLEASE DO NOT ACCESS, BROWSE, OR USE THE SERVICE OR HEALTHCARE SERVICES.

YOU AGREE TO USE REASONABLE EFFORTS TO PROTECT AGAINST UNAUTHORIZED ACCESS TO YOUR PHONE, COMPUTER, AND/OR OTHER TYPES OF ELECTRONIC DEVICES USED TO ACCESS THE SERVICE BY: SIGNING OFF AFTER USING A SHARED COMPUTER; CHOOSING A ROBUST PASSWORD THAT HAS 8 TO 64 CHARACTERS, AT LEAST 1 NUMBER, AT LEAST 1 LOWER CASE LETTER, AT LEAST 1 UPPER CASE LETTER, AND AT LEAST 1 SYMBOL; CANNOT BE EASILY GUESSED OR DERIVED BY UTILIZING PUBLIC INFORMATION ABOUT YOU (SUCH AS DATE OF BIRTH, ADDRESS, ZIP CODE, TELEPHONE NUMBER, OR NAME); KEEPING YOUR LOG-IN AND PASSWORD PRIVATE; AVOID USING A DEVICE THAT HAS BEEN “ROOTED,” “JAILBROKEN,” OR HAS OTHERWISE HAD ITS OPERATING SYSTEM MODIFIED BY ANYONE THAT COULD POTENTIALLY ALTER THE AUTHORIZED SECURITY FUNCTIONS OF THE DEVICE; MAINTAIN A TIME-OUT FUNCTION THAT REQUIRES RE-AUTHENTICATION AFTER INACTIVITY; AND UNDERTAKE OTHER PROTECTIVE ACTIONS CONSISTENT WITH GOOD MANAGEMENT OF DIGITAL DEVICES.

You acknowledge and agree that: (i) certain communications with Transcarent care advocates, clinicians, and support teams (including telephone calls, video sessions, and in-app chats) may be monitored or recorded for quality assurance, training, and compliance purposes, with notice as required by law (Consent to Recording); (ii) you must not misrepresent your identity or impersonate another person in connection with account registration or use of the Services (Identity Assurance); and (iii) some features may not function on outdated browsers, operating systems, or devices and you are responsible for maintaining compatible hardware and software to access the Services (Minimum System Requirements).

Upon your acceptance of the terms of this Agreement, you agree that you have been advised of and understand the potential risks, consequences, and benefits of receiving medical care using remote, electronic communications, as described in the Consent to Treat section set forth in Section 3. You may choose to opt in to receive messages via SMS/text messages only by providing your express consent, as further described in Section 9.

Transcarent reserves the right to change these Terms from time to time. Please check these Terms periodically for changes. If we make a material adverse change to these Terms, we will provide you with prior notice unless providing such notice would not be reasonable in light of legal, regulatory, or other government action; in relation to privacy or security considerations; or due to a “force majeure” (i.e., circumstances outside of our control such as a pandemic, natural or human-made disaster, war, or otherwise). We may require that you affirmatively accept the modified Terms in order to continue to use the Service and Healthcare Services. Your use of the Services and/or Healthcare Services after these Terms have been modified or your acceptance has been indicated, as applicable, indicates your acceptance of the revised Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

We reserve the right to modify or discontinue the Service and Healthcare Services at any time (including by limiting or discontinuing certain features of the Service and Healthcare Services), temporarily or permanently, without notice to you. Transcarent and the Care Providers will have no liability for any change to the Service or Healthcare Services or any suspension or termination of your access to or use of the Service or Healthcare Services.

2. Your Relationship with Transcarent

Your Relationship with Transcarent. Transcarent’s Service provides you with access to information about your health and care options, a platform to find and consult with health care practitioners, and assistance with utilizing the health and care benefits available to you, in order to support you as you make your health and care decisions and make it easy for you to access the care you need. The health and wellness resources made available through our Service are for informational purposes only and are not a substitute for direct health care services. You are responsible for confirming the accuracy of information you access via the Service, and we encourage you to speak with qualified health care professionals before deciding on any course of action. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your health care practitioner. You understand that by coordinating and in certain cases consulting with a health care practitioner through the Service, you are not entering into a doctor-patient relationship with Transcarent.

Information and tools made available through the Services are for informational purposes only and should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment; Transcarent makes no representation or warranty as to the accuracy, completeness, or reliability of such information, which is provided “AS IS” and “WITH ALL FAULTS”; and by submitting information through the Services, you grant Transcarent and its affiliates a limited right to use that information for purposes of operating and improving the Services, subject to our Privacy Notice and applicable law.

No Emergency Services. The Service should not be used during a medical emergency. If you have a medical emergency, call 911 or proceed to your nearest Emergency Room immediately. The Service is not intended to support or carry messages to any emergency services, including any such emergency services that may otherwise accept instant messages. You acknowledge that it is your responsibility to ensure that you have an alternate means to send and receive emergency messages and to contact emergency services. You should not delay seeking professional medical care if your symptoms or condition worsens, or if you need immediate medical attention. Notwithstanding, if a Transcarent representative reasonably suspects that you may be experiencing a health emergency, or may be a danger to yourself or another person, Transcarent reserves the right, and you expressly agree, that Transcarent may contact the appropriate emergency services, including calling 911, contacting child protection services, a suicide hotline, or other appropriate service.
No Practice of Medicine; No Licensed Services. Transcarent does not practice medicine or any other licensed profession, except as otherwise expressly articulated in these Terms with respect to its affiliated professional entities. Transcarent’s services enable coordination with health care practitioners, and in certain circumstances, direct communication with health care practitioners, but Transcarent’s services do not replace any relationship with any health care practitioner or service, and Transcarent itself does not directly or indirectly provide medical or health advice, care, diagnosis, or treatment. Nothing in this Section limits or alters the provision of medical or clinical services by Transcarent’s affiliated professional entities, including PlushCare, Inc. which provide licensed medical services under applicable state law. All health care practitioners you are connected to through Transcarent, including those from the Care Providers practice independently of Transcarent. Each health care practitioner is responsible for their professional service and compliance with the requirements applicable to their profession and license. You hereby agree and acknowledge that Transcarent is in no way acting as a medical provider with respect to any person. You further acknowledge and agree that the treatments, procedures, workflow, information, medications, processes, products, and other items referenced by Transcarent or the service are not intended as a recommendation or endorsement of any course of treatment, procedure, information, product, health care practitioner, or medication and that the ultimate responsibility for diagnosing and treatment of any patient using the service rests with the health care practitioners treating such patient.
No Insurance, Indemnity, Payment, Guaranty or Underwriting of Health Care Benefits. You hereby agree and acknowledge that Transcarent is in no way acting as an insurer, indemnitor, payor, designer, guarantor or underwriter of health care benefits. Transcarent does not collect revenue through premium payments, does not process claims or appeals, and does not pay provider claims using collected premiums. Transcarent is not an insurer or third-party administrator. Transcarent is not responsible for determining whether any service is covered under any plan, or for making eligibility or coverage determinations with respect to any customer, member or plan. Compliance with the Employee Retirement Income Security Act of 1974 is the sole responsibility of the customer (including compliance with Section 406(a) thereof). Transcarent does not exercise discretion or control over and does not represent any customer or plan, or either of their respective assets, policies, payments, interpretations, practices or procedures.
No Maintenance of Medical Records. You agree not to submit medical records to Transcarent for management, storage, or sharing purposes. Transcarent does not maintain medical records on your behalf as its primary business function, although we may receive medical records as permitted by law to allow us to facilitate access to health care services. Nothing in this Section limits or alters the provision of medical or clinical services by Transcarent’s affiliated professional entities, including PlushCare, Inc., or Accolade Care, which maintain medical records in accordance with applicable law and professional standards. You agree and acknowledge that medical records are to be maintained by the Care Providers and, in some circumstances, by you or your health care agent. As described in our Privacy Notice, Transcarent may receive or transmit certain medical records to facilitate access to healthcare services.
No Control Over Practitioners. Transcarent is designed to be a single source of health and care information to maximize the benefits you receive from your health plan. However, Transcarent, Inc. itself does not practice medicine and does not control or operate independent, unaffiliated Care Providers. Licensed clinical services are provided exclusively through affiliated professional entities, including PlushCare, Inc. and Accolade Care, each of which is solely responsible for the medical services delivered by its practitioners. Any opinions, advice, or information expressed by a health care facility, practitioner, professional, or specialist using or accessible through the Service are those of the facility, practitioner, professional, or specialist alone. Transcarent does not recommend or endorse any specific tests, products, procedures, medications, devices, or opinions that are made available to you through the Service. You agree that the opinions expressed by any health care practitioner you access through the service are not those of Transcarent and will not be used in any legal dispute against Transcarent, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation, and/or malpractice claims.
No Representations or Warranties Regarding Providers. The inclusion of health care practitioners in the Service or in any professional directory located in the Service is based on information you, such practitioners, your employer, and others provide to Transcarent, and is not intended as a tool for verifying the credentials, qualifications, or abilities of any health care practitioner contained therein. Transcarent uses proprietary data and data from trusted third-party sources in an effort to provide you with accurate and up-to-date information to assist you in making your health and care decisions. However, SUCH INFORMATION IS PROVIDED ON AN “AS-IS” “WHERE IS” AND “WITH ALL FAULTS” BASIS, AND TRANSCARENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Transcarent does not make any representations or warranties about the training or skill of any health care providers who provide services via the Services, and you are ultimately responsible for choosing your particular health care provider in every instance. Transcarent shall in no event be liable to you or to anyone for any decision made or action taken by any party in reliance on information about health care practitioners obtained through the Service. Your reliance on any information provided through the Service is solely at your own risk. The Service may not be used by any entity or individual to verify the credentials of health care practitioners. Please note that there may be other healthcare providers who meet your search criteria but are not available through Transcarent. Please note: Transcarent (1) does not employ, refer, recommend, or endorse any healthcare providers, (b) is not responsible for ensuring that information (including credentials) a healthcare provider provides about themself is accurate or up-to-date, (c) is not responsible for making sure that healthcare providers’ services are actually provided or are up to a certain standard of quality, and (d) does not receive additional fees from healthcare provider for featuring them through the Services. Transcarent does not control the actions of any healthcare providers. To the extent that you use the Services as provided by your employer, Transcarent may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.
Non-Discrimination. You acknowledge and agree that the Service and any incentives you may become eligible to receive in connection therewith from time to time are intended to provide value-based incentives as part of a value-based insurance design program, and in no event will you be eligible to receive any of such services or incentives in a manner inconsistent with HIPAA’s prohibition against discrimination based on a health factor.
No Duty to Monitor Communications. By accepting these Terms, you understand that your health care practitioner may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. We do not and are not responsible for monitoring these messages, reports, and emails for you. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in messages from your health care practitioner.
Risks of Telehealth and Other Consultative Services. If the Care Providers or your independent health care practitioner uses the Service or Healthcare Services to provide advice or treatment to you, they may not have the benefit of information that would be obtained by examining you in person and/or observing your physical condition. Therefore, your health care practitioner may not be aware of facts or information that would affect their opinion of your diagnosis or treatment. We encourage you to discuss these limitations with your health care practitioner if you have concerns. By deciding to engage the Service and Healthcare Services, you acknowledge and agree that you are aware and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive from your health care practitioner through the Service or Healthcare Services is limited and, in some cases, provisional; (ii) any opinions you may receive from your health care practitioner through the Service are not intended to replace a full medical evaluation or an in-person visit with your health care practitioner; (iii) a health care practitioner acting through the Service or Healthcare Services may not have important information that is usually obtained through an in-person physical examination; and (iv) the absence of an in-person physical examination may affect the health care practitioner’s ability to diagnose your condition, disease or injury through the Service or Healthcare Services. Other potential risks associated with the use of virtual encounters for advice and treatment include, without limitation, the following:
1. Delays in medical evaluation and consultation or treatment due to deficiencies or failures of the equipment or internet connection;
2. Failure of security protocols that may lead to a breach of privacy of protected health information; and
3. Lack of access to information resulting in adverse health outcomes.
Accounts and Registration. To access most features of the Service and Healthcare Services, you must register for an account. When you register for an account, you will be required to provide us with information about yourself, so that we can verify your identity. If you are a parent or guardian with children who are covered by your health plan and want your children to participate in the Service or Healthcare Services, you will need to register them, and after doing so, may be able to access certain limited aspects of the Service on behalf of your child. You agree to provide us with accurate information when you register for an account and to keep your information accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at security@transcarent.com.
Fees. Depending on the type of account you have, you may be required to pay a fee per visit.
Service-Specific Disclosures
1. PlushCare (telemedicine). PlushCare, Inc provides telemedicine services through licensed phsyicians. PlushCare does not provide emergency care and may not be appropriate for all conditions. Prescriptions are issued only when clinically appropriate, subject to applicable law and clinical judgment, and are not guaranteed.

3. Care Providers Terms and Conditions

Applicability. Only in the event you receive Healthcare Services from the Care Providers, the terms and conditions of this Section 3 apply. This section will govern your receipt of Healthcare Services from physicians and other medical providers from or contracted by the Care Providers.
Consent to Treat. You hereby consent to receive medical care from the Care Providers using remote, electronic communications, such as interactive chat, audio, and/or video communications, specifically through your use of the Healthcare Services and the Site, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data (each instance, a “Visit”). You agree to be treated via a virtual visit with a physician or other medical provider (i.e., not an in-person visit) and understand that there are inherent risks and limitations associated with a virtual visit with a physician or other medical provider, including, but not limited to, risks and limitations arising from such physician’s or medical provider’s ability, or inability, to comprehensively assess and accurately diagnose illness, injury, disease, or other medical issues using remote, electronic communications. You further consent to the Care Providers filing for insurance benefits to pay for the medical care you receive from the Care Providers. You acknowledge and agree that Care Providers may have to send your medical record information to your insurance company in order to do so.
Location Information. You agree to accurately disclose your location prior to participating in a Visit. The Care Providers will only be permitted to render medical care to you if you are located in a state and jurisdiction in the United States of America in which such Care Providers are licensed to practice medicine.
No Specific Provider. You understand and agree that, as part of a Visit, you may not always be able to select a specific medical provider. Under some services, you may have the option to select your preferred provider, but due to emergenceis, scheduling, and other circumstances, the Care Providers cannot warrant or otherwise guarantee that you will have access to any particular medical provider.
Physician Ownership. You acknowledge and agree that the healthcare services you receive through the Care Providers are delivered by independent professional medical corporations or similar physician-owned medical care organizations. These entities employ or contract with the individual licensed clinicians who provide care to you, and such medical providers may have a financial interest in such entities. Transcarent and its affiliated management companies are not themselves medical providers and do not own or control the entities that employ or contract with Care Providers who render your care.
Visit. During your Visit, you consent to the following:
1. Data, chat text, audio, video, and/or digital photos may be recorded;
2. Details of your medical information may be discussed with you and the Care Providers via the Site using electronic technology, including chat, audio, video, and/or graphics technology;
3. Virtual examination of you may take place; and
4. Medical personnel and non-medical technical personnel may join the Visit, either physically or virtually, to aid in delivery of medical care to you.
Access. All existing laws regarding your access to medical information and copies of your medical records apply to your Visit using the Site. Reasonable efforts will be made to eliminate any confidentiality risks associated with your Visit. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your Visit. You understand that there are risks and consequences from a virtual visit with a physician or other medical provider, including, but not limited to, the possibility, that the transmission of your medical information could be disrupted or distorted by technical failures, the transmission of your medical information could be interrupted by unauthorized persons, and/or the electronic storage of your medical information could be accessed by unauthorized persons.
Withdrawal of Consent. You may withhold or withdraw consent to the Visit at any time without affecting your right to future care or treatment.
Pediatric and Minor Medical Care. There are circumstances in which you, as an adult user of the Healthcare Services, are eligible to use your user account and the Healthcare Service to seek medical care for or on behalf of a Minor (defined as an individual under the age of 18). You may do so under the following circumstances:
1. You are a parent or legal guardian having legal custody of the Minor (or you are a partner or a spouse of a parent or legal guardian having legal custody of the Minor and you are enrolled as an eligible dependent in the group medical plan offered by such parent’s or legal guardian’s employer). If at any time, you are no longer authorized to access the Minor’s profile, due to court order or for any other reason, you agree to notify the Care Providers immediately;
2. You have your own user account (not the user account of your partner or spouse) and are otherwise eligible to access and use the Site;
3. The Minor is enrolled as an eligible dependent in the group medical plan offered by your employer (or, if you are a partner or spouse of a parent or legal guardian having custody of the Minor, on the group medical plan offered by such parent’s or legal guardian’s employer);
4. The Minor is at least one year old (and otherwise qualifies as a Minor, as that term is defined in Section 1 above), subject to change if the Care Providers changes the age of patients it provides services to;
5. The Minor has not been emancipated due to circumstances such as marriage, military service, or judicial emancipation;
6. The Minor is not under the care of a government agency (for example in foster or shelter care);
7. At the time that you initiate each Visit for the Minor, you attest that the requirements set forth in subsection (1) above are met; and
8. You remain present during the entirety of each Visit, except where the Minor is age of 12 through 17 and is receiving services that, by law, may be provided confidentially.
9. You agree that you will not use the Healthcare Services to seek medical care for a Minor except in the circumstances described in this section or otherwise allow a Minor to use your account to seek medical care on their own. The Care Providers reserve the right to cancel or suspend access to the Healthcare Services by you or anyone using the Healthcare Services to seek medical care for a Minor in violation of the terms, conditions, limitations, and restrictions set forth in this Section 3.1, including, in the case of any Care Providers, the right to promptly end a Visit if the Care Provider reasonably believes that an attempt is being made to use the Service to seek medical care for or on behalf of a Minor in violation of this section or otherwise use the Service in a manner that is improper or potentially harmful to a Minor. The Care Providers reserves the right, and each medical provider shall have the right, to require that a Visit for rendering medical care to a Minor be conducted using video communications.
Fees. Depending on the type of account you have, you may be required to pay a nominal fee per Visit.

4. General Payment Terms.

Certain features of the Service and Healthcare Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. For payment terms related to other Services, including Healthcare Services, see Section Service-Specific Terms.

Price. Transcarent reserves the right to determine pricing for features of the Service. Transcarent may change the fees you have agreed to be charged for any feature of the Service, including additional fees or charges, if Transcarent gives you advance notice of changes before they apply.
Third-Party Charges. Additional charges from licensed health care practitioners and/or Transcarent’s independent third-party clinical and non-clinical services partners may apply. Before you pay any fees to a third party, you will have an opportunity to review and accept the fees that you will be charged by these third parties. Such charges are subject to the applicable third-party’s terms and conditions.
Authorization. You authorize Transcarent and the Care Providers to charge all sums for the orders that you make or amounts otherwise owed, including all applicable taxes, to any payment method you provide to Transcarent for such purpose. If you pay any fees with a credit card, Transcarent may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Use of Stripe for Payment Processing. You understand that Transcarent uses the StripeTM application programming interface (or API) to process payments through the Site. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement (as provided on the Stripe website at https://stripe.com/us/connect-account/legal or a successor website) and Stripe Terms and Services (as provided on the Stripe website at https://stripe.com/us/ssa or a successor website). By agreeing to the Terms or otherwise continuing to utilize the Service, you agree to be bound by the above referenced agreements with Stripe, and agree that such agreements may be modified by Stripe from time to time. As a condition of Transcarent making payment processing services available to you through the Stripe API, you agree to provide Transcarent accurate and complete information about you and your payment information, and you authorize Transcarent to disclose such information to Stripe for the purpose of enabling payment processing on your behalf and, likewise, receive from Stripe transaction information related to your use of the payment processing services provided by Stripe as needed in order to process payments by you through the Site. 
You understand and agree not to hold Transcarent liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen cards or unauthorized cards through your Stripe and/or Transcarent account.

5. Privacy Policy

Our Privacy Notice explains how Transcarent treats your personal information and your protected health information. By accessing or using the Service, you acknowledge that Transcarent will use the data and information pursuant to and in accordance with the Privacy Notice. In addition, if you receive Healthcare Services from The Transcarent Clinic’s affiliated medical groups, you acknowledge that the Notice of Privacy Practices of the Care Providers will apply. If you receive Healthcare Services from the Plushcare or Accolade Care telemedicine affiliated medical group, you acknowledge that The Notice of Privacy Practices of the Care Providers will apply.

6. Intellectual Property

Limited License. Subject to your complete and ongoing compliance with these Terms, Transcarent grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use object code copies only of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on mobile devices that you own or permissibly control; and (b) access and use the portions of the Service and Healthcare Services purchased by your plan.
License Restrictions. You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service or Healthcare Services; (b) make modifications to the Service or Healthcare Services; or (c) interfere with or circumvent any feature of the Service or Healthcare Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Service or Healthcare Services, you may not use them.
Feedback. You may provide input and suggestions, enhancement requests, recommendations, corrections or other feedback regarding the Service and/or Healthcare Services (“Feedback”). You acknowledge and agree that the Feedback is not Confidential Information, shall become the sole and exclusive property of Transcarent, and Transcarent is entitled to the unrestricted use and dissemination of the same for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Trademarks. The Transcarent logo, Transcarent, WayFindingTM, Just Ask TranscarentTM, 2nd.MD®, PlushCare®, Accolade®, Accolade Health Assistant®, Reach Through 2nd.MD®, Specializing in Medical Certainty®, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on the Services and/or the Site, registered or not, are the property of Transcarent, Inc. or their respective owners. Nothing in the Services or the Site grants you any right or license to use any of the Marks without the express written permission of Transcarent, Inc. or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.
Ownership of Materials. The Service is owned and operated by Transcarent, and the Healthcare Services are owned and operated by the Care Providers. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Healthcare Services (“Materials”) provided by Transcarent and/or Care Providers are the property of Transcarent, Inc. or their respective owners and protected by intellectual property and other laws. All Materials included in the Service and Healthcare Services are the property of Transcarent, Care Providers and/or their respective third-party licensors. Except as expressly authorized by Transcarent or Care Providers, you may not make use of the Materials. Transcarent and Care Providers each reserves all rights to the Materials not granted expressly in these Terms.
Notice and Procedure for Making Claims of Intellectual Property Infringement. Transcarent and Care Providers respect the intellectual property of others and take the protection of copyrights and all other intellectual property very seriously. Transcarent and Care Providers ask our users to do the same. Transcarent and Care Providers therefore employ measures to prevent copyright and other intellectual property infringement on the Service and in the Healthcare Services. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:

Transcarent, Inc.
Attn: Designated Agent
4700 S. Syracuse Street, Suite 900
Denver, CO 80237
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
2. Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
3. Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Transcarent to locate the material;
4. Information reasonably sufficient to permit Transcarent to contact you, such as your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.

7. Third-Party Terms

No Transcarent Control of Third-Party Content; No Statement as to Accuracy. To the extent that any of the content included in the Service is provided by third-party content providers, health care practitioners, or other Service users, Transcarent has no editorial control or responsibility over such content. Therefore, any opinions, statements, products, services, or other information expressed or made available by professionals, third-party suppliers, or users on the Service are those of such professional, third-party suppliers, or users, respectively. Transcarent does not represent, warrant, or endorse the accuracy, reliability, applicability, or currency of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Transcarent.
Third-Party Services and Linked Websites. Transcarent may provide tools through the Service that enable you to export information, including User Content, to your device, third parties (via SMS, email, or file sharing), or directly or indirectly into third-party services (each a “Data Recipient” and collectively, the “Data Recipients”). By using one of these tools, you agree that Transcarent may transfer that information to the Data Recipient, and it is doing so at your direction. You acknowledge that no Data Recipient is under Transcarent’s control, and, to the fullest extent permitted by law, Transcarent is not responsible for any Data Recipient’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Transcarent’s control, and Transcarent is not responsible for their content.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Third-Party Interactions. Your interactions with entities or individuals accessible on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for exercising caution, discretion, common sense, and judgment in using the Service and disclosing personal information. You agree that Transcarent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Transcarent is under no obligation to become involved or in any way assist in the resolution of such dispute. In the event that you have a dispute with one or more other users, you hereby release Transcarent, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Regardless of whether you are a California resident, you waive any claims based on statutes, common law principles, or other applicable laws similar to the substance of California Civil Code Section 1542.

8. Information Submitted via the Service (User Content)

With the exception of any personally identifiable information (as defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations) or protected health information (as defined under HIPAA or related state-specific privacy laws and regulations) you submit maintained in accordance with our Privacy Policy, any information (including input and suggestions regarding the Services or Healthcare Services you transmit to Transcarent via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions), will be treated as non-confidential and non-proprietary and will become the property of Transcarent. Such information may be used for any purpose to the extent allowed by your plan, which may (depending on your plan) include, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Transcarent shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Transcarent via the Service or by any other means for any purpose whatsoever, to the extent allowed by your plan, which may (depending on your plan) include, without limitation, developing and marketing products using such information.

For quality assurance and training purposes, Transcarent may monitor interactions between you and individuals that you interact with using the Services and may record telephone calls, video calls, chat communications, and other similar interactions. and other similar interactions, provided that you have been given appropriate notice. Such recordings may be used for training, quality assurance, research development, or other business purposes, and may be conducted by Transcarent or by authorized third-party service providers acting on our behalf, in accordance with our Privacy Notice.

9. Communications

With Transcarent Care Team, Care Providers, or Third-Party Practitioners. You may use the Service to connect with Transcarent, Care Providers and/or independent health care practitioners. You may initiate these connections using the Service and to the extent allowed by your plan, as described below. You may disconnect from a communication with Transcarent, Care Providers, or an independent health care practitioner, their company, or any other person via the Service. Disconnecting from a communication with Transcarent, Care Provider, or an independent health care practitioner, their company, or any other person rescinds your consent for such health care practitioner, company, or other person to contact you via the Service but does not rescind any other permissions you have given the practitioner or company to contact you via other means.
Text Message Outreach Program. We may send you SMS/text messages (“text messages”) when you give prior express consent to get text messages at activation, in your notification settings, or in other communications with us. We will send text messages to you at the phone number you used when you activated your account or in your profile.

You verify that any phone information provided to Transcarent is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide. You acknowledge that by voluntarily providing your telephone number, and opting-in to SMS Messages, you agree to receive text messages from us. You acknowledge that text messages may be made to your telephone number even if it is registered on any state or federal Do Not Call list. These messages may include (but are not limited to):
- operational messages about your use of the Service,
- general communications from Transcarent including but not limited to notifications regarding upcoming or scheduled appointments, messages from your Health Guide or Care Coordinator, prescription notifications or coupons, or reminders
- information about health plan benefits available to you through Transcarent as well as, if allowed by your plan, marketing messages.
If you no longer want text messages, you must reply “STOP” or “END” in reply to such messages. You and Transcarent both agree that the only way to end text messages is to reply STOP or END. You understand and approve that replying STOP or END will opt you out of all text messages unless you let us know that you wish to continue receiving text messages for a particular Service. You may customize additional notification preferences within the Transcarent mobile and/or desktop applications and, if applicable, your device settings. You may receive text messages confirming the receipt of your opt-out request. After this, you will no longer get text messages from us. If you want to join again, you can sign-up by navigating to the Notifications settings in our mobile application. Text messages may be sent using an automatic telephone dialing system.

Acknowledging that modifications to notification preferences will change the way that you engage with Transcarent, your agreement to receive text messages is not a condition of any purchase or use of the Service.

Message and data rates may apply whenever you send or receive such messages, as specified by your carrier. Text messaging may not be available from carriers. If you have questions about your text plan or data plan, it is best to contact your wireless provider. Messaging frequency may vary. If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at myguide@transcarent.com. We do not guarantee the successful delivery of text messages by your wireless carrier and you acknowledge that neither Transcarent nor carriers are liable for delayed or undelivered messages.

You acknowledge that you are aware text messages are not fully secure and could be intercepted by a third party. You also acknowledge that, if you share your mobile device with others, they may be able to view text messages sent by Transcarent. It is your responsibility to understand the risks of receiving text messages on your mobile device. It is your responsibility to give a correct mobile number and to update any changes. To update your mobile phone number, sign-in to your app and navigate to your Profile settings. Then, click on the pencil icon next to “Phone number.” If you don’t give us your new mobile number, we are not responsible for any text message sent to the wrong number.

We recommend you use a password to open your mobile device. Text messages may include protected health information (PHI). Since text messaging is unencrypted, there is a risk that this PHI could be intercepted or viewed by third parties, including others who look at your device. When you choose to get text messages from us, you do so at your own risk. The use and disclosure of PHI in text messaging may be governed by other privacy notices, including applicable HIPAA Notice of Privacy Practices. These terms apply to all text messages by Transcarent or its affiliates, including Accolade Care and other branded programs, regardless of the originating short code.
Push Notifications and In-App Messages. When you install our app on your mobile device, you agree to receive push notifications to the extent allowed by your plan, which are messages an app sends you on your mobile device when the app is not active. You can turn off notifications directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings.
Email.  If allowed by your plan and unless you opt out, we may send you emails concerning our products and services (“promotional emails”).  You acknowledge and consent that promotional emails may contain information concerning your health care benefits that is relevant to your health care conditions and that your personal email may not be secure.  You may opt out of receiving such promotional emails at any time by following the unsubscribe instructions in the email itself or directly in the Transcarent mobile application in your communications settings. If you opt out of receiving promotional messages from us, you will continue to receive administrative emails from us.
Telephone. We may call you when you give prior express consent to get called at activation, in your notification settings, or in other communications with us. We may contact you via the telephone number you provide concerning our products and services, to follow up with you or to let your know about benefits available to you if allowed by your plan. You acknowledge that by voluntarily providing your telephone number, you agree to receive prerecorded voice messages and/or autodialed calls. You acknowledge that automated calls may be made to your telephone number even if your telephone number(s) is registered on any state or federal Do Not Call list. You may opt out from receiving these calls directly in the Transcarent mobile application by navigating to the “Notifications” screen from your Profile Page and toggling your communications settings. You understand that opting-out of calls will opt you out of all calls unless you indicate to us that you wish to continue receiving calls for a particular Service. It is your responsibility to give a correct telephone number and to update any changes. To update your telephone phone number, sign-in to your app and navigate to your Profile settings. Then, click on the pencil icon next to “Phone number.” If you don’t give us your new telephone number, we may not be able to reach you and we are not responsible for any voice message left at the wrong number. When we speak to you via telephone, you consent to your call being recorded and used for quality assurance purposes, including processing via AI technologies. You may request that any individual call not be recorded at the outset of the call.
Communications with Care Advocates or Clinicians. The Service may allow you to initiate asynchronous messaging sessions (e.g., chat) with a Transcarent Care Advocate, clinician, or other representative. While we strive to connect you with your designated Care Advocate, we cannot guarantee that a specific individual will be available at all times. If your assigned Care Advocate is unavailable, you may be connected with another representative or have the option to leave a message for follow-up.
Transcarent maintains strict anti-harassment and anti-discrimination policies. Inappropriate behavior, including harassment, threats, or abusive conduct toward any Care Advocate, clinician, or representative, may result in immediate termination of your access to the Service, and, where applicable, may be reported to your employer or health plan.
Hours of operation vary depending on the specific Service. Care Advocate support is generally available between 8 a.m. and 8 p.m. Eastern Time, while Chat with a Doctor sercices are available 24 hours a day, seven days a week. Availability may also vary based on your plan and location. The Service and information provided are offered on an “as is” basis, without warranties of accuracy, completeness, or timeliness.

10. Prohibited Conduct

BY USING THE SERVICE AND HEALTHCARE SERVICES, YOU AGREE NOT TO:

use the Service for any illegal purpose or in violation of any local, state, national, or international law;

harass, threaten, demean, embarrass, or otherwise harm any other user of the Service or any other person with whom you interact in connection with the Service, including, but not limited to, Care Providers, Transcarent Care Team members, health care practitioners contacted through the Service and Transcarent Care team members;

Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

interfere with security-related features of the Service or any digital tools, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service; or (iii) using such tools in any manner that could damage, impair or overburden the Service, interfere with another user’s access, or create an impression of sponsorship or endorsement without authorization;

interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identification, accessing any other Service account without permission, or falsifying your age or date of birth;

sell or otherwise transfer the access to the Service granted under these Terms or any Materials (as defined in the section above titled “Ownership; Proprietary Rights”) or any right or ability to view, access, or use any Materials;

Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to Transcarent, the Care Providers;

Misrepresent your identity or use anther person’s access credentials to access the Service. Violation of this provision may subject you to civil or criminal penalties.

Initiating or engaging in excessive, superfluous, or unsuitable Visits.

Repeatedly terminating or dropping off Visits prior to their conclusion.

Repeated failure to respond to and comply with the Care Providers’ follow-up and treatment plans; or

attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

If Transcarent or Care Providers become aware that any person or entity is using the Services or Healthcare Services in violation of this Agreement, including the terms, conditions, limitations, and restrictions set forth in this section 10 Transcarent may prohibit and block or terminate such person’s or entity’s access and/or use of the Services and/or Healthcare Services.

11. Acceptable Use Policy

Are you using social media? So are we! We encourage you to read, share, follow us, and provide commentary on Facebook®, Twitter®, Pinterest®, LinkedIn®, Instagram®, and other social media sites (“Social Media Site”). Please remember that information posted on any of our social media profiles or sites is for general informational purposes only. It should not be considered medical advice and should not replace a consultation with your health care professional. Some treatments mentioned on our social media formats may not be covered by your health plan. Please refer to your benefit plan documents for information about coverage. Before you post, please make sure you read our social media disclaimer:

We are under no obligation to screen or monitor your posts or any other user content; however, we reserve the right to monitor participation to ensure that you stay on topic, are courteous, and avoid making offensive comments. Your posts and user content must adhere to the following requirements and cannot:

Contain any third-party material including logos, drawings, tattoos, photographs, pictures, sculptures, paintings, and other images or works of art, phrases, trademarks, trade secrets, or other items without explicit prior written permission to use such materials;

Contain sexually explicit, graphic, gratuitous, or unnecessarily violent content or defamatory or derogatory content against any ethnic, racial, gender, religious, sexual orientation, professional or age group or contain any pornographic or inappropriate nude material;

Contain any private information about yourself or any other individual, including without limitation, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;

Contain any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, inflammatory or fraudulent content;

Contain any information that is or is intended to encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

Contain any information that you know or should know may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Impersonate, or misrepresent your affiliation with, any person or entity;

Contain any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or

Contain any advertising, political campaigning, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo, poker, or any other form of solicitation.

We reserve the right to edit comments for content, remove off-topic contributions, delete potentially offensive, libelous, or slanderous comments or remarks, block offensive contributors, and delete actual or suspected spam content from any Social Media Site. We are not responsible for the content of any comments or responses posted by others to any website or Social Media Site we manage or monitor. We do not control the placement of any marketing or advertising displayed on our pages by social media or third-party organizations.

We reserve the right to respond to any post or user content and may occasionally privately request your contact information to assist you offline, with your consent. Any further questions about your account, claims or benefits or request for additional information can be addressed by visiting your health plan’s member website, or calling the toll-free member phone number on the back of your health plan ID or other membership card.

All trademarks are the property of their respective owners.

12. Term, Termination and Modification of the Service

Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and end when terminated.
Termination. If you violate any provision of these Terms, your authorization to access the Service and any applicable Healthcare Services, and these Terms automatically terminate. In addition, Transcarent may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service or Healthcare Services, at any time for any reason or no reason, with or without notice. If you lose eligibility for the Service as a result of your coverage under your health plan terminating, Transcarent will suspend your access to the Services, and if your eligibility is not reinstated within ten (10) business days, then Transcarent will terminate your account. You may terminate your account and these Terms at any time directly in the Transcarent mobile application by navigating to the "My Profile" page from the Home Page and selecting "Delete My Account" or by contacting a Transcarent Care Team member.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Transcarent any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and provisions which by their nature involve obligations extending beyond termination of these Terms will survive.

13. Exclusions and Limitations of Liability

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Transcarent (including Accolade and its subsidiaries) and its owners, officers, directors, employees, consultants, affiliates, subsidiaries, contractors, and agents (together, the “Transcarent Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service and Healthcare Services; (b) your violation of any portion of these Terms including, but not limited to the Acceptable Use Policy, above, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) your negligence, intentional misrepresentation, fraud, or intentional misconduct, or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

2. Disclaimers; No Warranties.

THE SERVICE, HEALTHCARE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND HEALTHCARE SERVICES ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, AND ON AN “AS AVAILABLE” BASIS. Transcarent DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, HEALTHCARE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND HEALTHCARE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Transcarent DOES NOT WARRANT THAT THE SERVICE, HEALTHCARE SERVICES, OR ANY PORTION OF THE SERVICE OR HEALTHCARE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE OR HEALTHCARE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TRANSCARENT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
ADVICE AND INFORMATION PROVIDED BY TRANSCARENT IS NOT MEDICAL CARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, HEALTHCARE SERVICES, OR TRANSCARENT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE. THROUGH THE SERVICE OR HEALTHCARE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRANSCARENT ENTITIES OR THE SERVICE OR HEALTHCARE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE OR HEALTHCARE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICE USER, INCLUDING HEALTH CARE PRACTITIONERS YOU HAVE ACCESS TO THROUGH THE SERVICE OR HEALTHCARE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND HEALTHCARE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE OR HEALTHCARE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR OR DIAL 911 IMMEDIATELY.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Transcarent does not disclaim any warranty or other right that Transcarent is prohibited from disclaiming under applicable law.

3. Exclusions and Limitations of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TRANSCARENT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, HEALTHCARE SERVICES, OR ANY MATERIALS OR CONTENT ON THE SERVICE OR HEALTHCARE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TRANSCARENT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TRANSCARENT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, HEALTHCARE SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TRANSCARENT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Service-Specific Terms

Use of 2nd.MD Service (ExpertMD)
(i) No Practice of Medicine. 2nd.MD does not provide medical advice or care. The 2nd.MD Services provide users with online access to Specialists who may provide health education to Members who have chosen to participate in this Service. 2nd.MD DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. All information provided on this site or in connection with any communications supported by 2nd.MD, including, without limitation, real-time video or email communications between professionals utilizing the site and consumers, is intended to be for general informational and health education purposes only, and is in no way intended to create a physician–patient relationship as defined by state and federal law. RELIANCE ON ANY INFORMATION PROVIDED BY 2nd.MD OR ANY PROFESSIONALS THAT UTILIZE 2nd.MD IS SOLELY AT YOUR OWN RISK.
(ii) Independence of Specialists and Professionals. The specialists and professionals utilizing or featured on the 2nd.MD Service are subscribers and licensees to the 2nd.MD Service and are not employees. Any health education, opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Service are those of the professional and the professional alone. They do not reflect the opinions of 2nd.MD. 2nd.MD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on 2nd.MD or by a licensee of 2nd.MD. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND 2ND.MD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 2ND.MD SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON THE SERVICE.

The use of the Service by any entity or individual to verify the credentials of professionals or specialists is prohibited.

(iii) Availability of Service. 2nd.MD operates subject to state and federal regulations, where applicable, and the Service may not be available in all jurisdictions. Your access to the 2nd.MD Service is provided on a temporary basis with no guarantee for future availability. We may immediately suspend or terminate your access to the Service or any part thereof for cause, including but not limited to (1) breach of these Terms, (2) discontinuance or material modification to the Service, (3) unexpected technical or security issues, (4) extended inactivity, or (5) fraudulent or illegal activity. The Service may also be inaccessible due to outages, maintenance, or causes beyond our reasonable control. We use commercially reasonable efforts to maintain the Service but do not guarantee reliability or availability. You accept responsibility for all mobile provider fees associated with your use of the 2nd.MD Service.

2. Use of PlushCare and Accolade Care Services

(i) Eligibility and Acknowledgement. Accolade Care is the employer-sponsored model of PlushCare. By using the PlushCare and Accolade Care websites (collectively, “Care Sites”), you acknowledge and agree that:

(a) the Care Service is provided at the sole discretion of the Providers;
(b) the Care Service is limited to diagnosis and treatment of non-emergent medical conditions;
(c) PlushCare will retain your medical records as your primary care provider unless you object as permitted by law;
(d) you must be physically present in a state where PlushCare operates when using the Care Service;
(e) the Care Service may not be reimbursable by Medicare, Medicaid, or other government programs, and you agree not to seek coverage where not permitted;
(f) the Care Service may not be reimbursable by commercial insurers, but you may separately seek reimbursement at your own cost;
(g) you are at least 18 years of age (or have parental consent if under 18); and
(h) if you seek services for a dependent, your agreement binds them as well.

(ii) Charges on Your Billing Account. You agree to provide accurate billing information and authorize PlushCare to charge your chosen payment method for fees. You must keep your billing information current and notify us of changes. By providing payment credentials, you authorize PlushCare to automatically charge for unpaid balances, with at least two notices prior to charging.

(iii) Membership Fees. PlushCare may charge a membership fee (“Membership Fee”) for access to certain features of the Service. The Membership Fee covers non-medical features (e.g., navigation support, digital tools, lifestyle offerings). PAYMENT OF THE MEMBERSHIP FEE TO PLUSHCARE IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT PLUSHCARE. Certain members may receive Services through employer coverage, in which case Membership Fees may not apply. If employer coverage ends, you may (i) continue Services and pay fees yourself, or (ii) terminate Services. Membership is available monthly or annually, with cancellation rights as described herein. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING INFO@PLUSHCARE.COM. Refunds or pro rata refunds will be provided as required by law or as otherwise stated in your account.

PlushCare reserves the right to modify the Membership Fee or applicable billing structure at any time. Any change in Membership Fee will become effective at the start of your next billing cycle following notice provided by email, in-app message, or other reasonable means. Continued use of the Services after the effective date of a fee change constitutes your acceptance of the new Membership Fee. If you do not agree to a fee change, you may cancel your membership prior to the renewal date.

(iv) Prescription Delivery Options. PlushCare Providers may issue prescriptions in accordance with professional judgment and applicable law. We do not prescribe DEA-controlled substances. Mail-order pharmacy options may be available for certain prescriptions, subject to state/federal law and third-party pharmacy processes. PlushCare is not responsible for the acts or omissions of pharmacies.

(v) Service Use Termination. You may terminate your use of the PlushCare Services at any time by contacting us. If you cancel a paid membership, it will remain active until the end of the current term, and no renewal will occur. If we terminate for breach, no refunds will be issued; if we terminate for reasons other than your breach, you will receive a pro rata refund of fees paid.

(vi) Disclaimers Regarding the Service. THE PLUSHCARE SERVICE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR URGENT HEALTHCARE NEED. CALL 911 OR SEEK EMERGENCY CARE IMMEDIATELY. The PlushCare Service is not a replacement for your primary care physician or annual office check-ups. The PlushCare Service is not an online pharmacy, and Providers do not prescribe drugs listed as controlled substances. PlushCare does not guarantee that a specific medication will be prescribed if requested.

15. Dispute Resolution and Arbitration

THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."

Parties.
1. “Company” includes Transcarent, Inc. and its affiliated entities, including Accolade, Inc., Accolade 2ndMD LLC d/b/a 2nd.MD, and PlushCare, Inc., any Care Providers, and any governing board, officers, directors, members, shareholders, executive team, employees, managers, agents, and any parent company, subsidiary, or affiliates, any person or entity alleged to be responsible for the Company’s activities, and any of their successors or assigns.
2. “You” or “Patient” shall mean an individual who receives Healthcare Services from a Care Provider, or any individual who has any interaction with the Company and is bound by the terms and conditions. Patient includes the Patient, the Patient’s Representative, the Patient’s guardian, attorney-in-fact, agent, sponsor, or any person whose claim is derived through or on behalf of the Patient, including any spouse, child, parent, executor, administrator, personal representative, heir, or survivor, as well as anyone entitled to bring a wrongful death claim relating to the Patient. The Patient, if not a signatory, is an intended third-party beneficiary of this arbitration clause and the Terms.
Voluntary Agreement to Arbitration. By accepting the terms of this Arbitration Agreement, You and the Company (collectively, "Parties") agree that every dispute, claim, or controversy (except those specifically exempted below) arising out of, in connection with or relating to: (i) these Terms and prior versions of these Terms, or concerning the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) the use of the Services or HealthCare Services; and (iii) any dispute to alleged medical malpractice—that is, whether any medical services or Healthcare Services rendered by Company or any affiliated Care Provider were unnecessary, unauthorized, or were improperly, negligently, or incompetently rendered or omitted (collective, “Disputes”) will be resolved on an individual basis by final and binding arbitration. This Arbitration Agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. To promote efficiency, all claims arising from the same or related transactions must be brought in a single arbitration, unless prohibited by law. The type of award requested (e.g., treble damages, punitive damages or attorneys’ fees) shall not affect whether a dispute is subject to arbitration under this Agreement. ANY DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY COURT OR PROCEEDING OR TO PARTICIPATE IN A CLASS ACTION.
Federal Arbitration Act Applies. Any arbitration between You and Company will be settled under the Federal Arbitration Act (9 U.S.C. § 1 ET SEQ.) and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is: Transcarent, Inc., 4700 S. Syracuse Street, Suite 900, Denver, Colorado 80237. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly through informal means, but if the parties do not reach an agreement to do so within 60 days after the Notice of Arbitration is received, You or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by You or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If any party refuses to participate or otherwise fails to respond to a Demand after proper notice, the arbitrator may proceed ex parte and issue an award.
Selection of Arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding Arbitration Agreement. The arbitrator shall be a retired state or federal judge, or an attorney licensed in any U.S. jurisdiction with at least ten (10) years of experience in consumer, healthcare, privacy or commercial matters. The parties will cooperate in good faith to select an arbitrator; if they cannot agree, the AAA shall appoint a qualified arbitrator. The arbitrator shall have authority to permit motions to dismiss for summary judgment, applying standards consistent with the Federal Rules of Civil Procedure.
Fees and Venue. Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law. Any disputes regarding whether the Company is required to pay the arbitrator's and arbitration fees and/or how those fees are to be apportioned between the Parties will be resolved by the arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in Denver County, Colorado.
Class, Collective, and Other Representative Action Waivers ("Class Action Waiver"). You and the Company mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute, claim, or controversy brought, heard or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. You also waive your right to receive notice of any class, collective, or other representative action that may be filed. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. IF A COURT DETERMINES THAT THIS CLASS ACTION WAIVER IS UNEFORCEABLE WITH RESPECT TO ANY PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR RELIEF) MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION, AND ANY REMAINING CLAIMS SHALL BE RESOLVED IN ARBITRATION. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND CANNOT BE SEVERED EXCEPT AS PROVIDED ABOVE.
Modifications to this Arbitration Provision. If Transcarent makes any future change to this arbitration provision, other than a change to Transcarent’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Transcarent’s address for Notice of Arbitration.
Mass Arbitration. To the extent permitted by applicable law, to increase efficiency of resolution, if 25 or more similar arbitration demands are filed by or with the same law firm, organization, or coordinated group of attorneys against Company, the Parties agree that such demands shall be administered in batches of up to 100 claims per batch. Each batch shall be treated as a single case for purposes of administrative and filing fees, and a single arbitrator shall be assigned to each batch. The Parties shall cooperate in good faith with the arbitration provider to implement this batching process. Any dispute regarding the application of this provision shall be decided by a single arbitrator. Notwithstanding anything to the contrary, batch arbitrations shall take place in Denver, Colorado.
Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local agency if that enforcement action is available through such agency; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. Notwithstanding the foregoing, any statutory or administrative agency claims that may not be subject to mandatory arbitration under applicable law shall proceed in such forum.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this section within 30 days after the date that you agree to these Terms by sending a letter to Transcarent, Inc., Attention: Legal Department – Arbitration Opt-Out, 4700 S. Syracuse Street, Suite 900, Denver, Colorado 80237 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Transcarent receives your Opt-Out Notice, this section will be void and any action arising out of these Terms will be resolved as set forth in the section below labeled “Miscellaneous.” The remaining provisions of these Terms will not be affected by your Opt-Out Notice. You may also submit your Opt-Out Notice by certified mail or nationally recognized overnight courier; email alone is not sufficient. Should you not opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, You and Company shall be bound by the terms of this Arbitration Agreement and Class Action Waiver. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
Severability. The Parties agree that the only essential term to this Agreement is the agreement and willingness of both parties to arbitrate. Accordingly, if any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect.
Survival. THIS DISPUTE RESOLUTION AND ARBITRATION SECTION WILL SURVIVE TERMINATION OF THESE TERMS AND YOUR RELATIONSHIP WITH COMPANY.

16. Miscellaneous

General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Transcarent regarding your use of the Service and Healthcare Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise. The failure to require performance of any provision in any one instance will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, in any one instance be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Transcarent submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
Additional Terms. Your use of the Service and Healthcare Services is subject to all additional terms, policies, rules, or guidelines applicable to the Service, Healthcare Services, or certain features of the Service or Healthcare Services that we may post on or link to from the Service or Healthcare Services (the “Additional Terms”). All Additional Terms are incorporated into these Terms by this reference.
Consent to Electronic Communications. By using the Service or Healthcare Services, you consent to receiving certain electronic communications from us and agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing
Contact Information. The Service is offered by Transcarent, Inc., located at 4700 S. Syracuse Street, Suite 900, Denver, Colorado 80237. You may contact us by sending correspondence to that address or by chatting with a live Transcarent Care Team member directly in the Transcarent mobile application. For legal matters, please email legal@transcarent.com. For privacy-related inquiries, including those involving Accolade, Accolade Care, PlushCare, or 2nd.MD services, you may also contact privacy@transcarent.com
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service and Healthcare Services are only intended for visitors located within the United States. We make no representation that the Service or Healthcare Services are appropriate or available for use outside of the United States. Access to the Service and Healthcare Services from countries or territories or by individuals where such access is illegal is prohibited.
Notice Regarding Apple. This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Transcarent only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Minimum System Requirements. The Service, including any digital tools made available through the Service, is designed to operate on a variety of mobile devices and operating systems. However, the Service may not be compatible with all devices or operating systems, particularly older or outdated systems. You are responsible for ensuring your device and operating system remain up to date. Transcarent and its affiliates shall have no responsibility or liability for any non-compatibility, loss of functionality, or degraded performance that results from your device or operating system.

Contact Information

If you have any questions, comments, or concerns about our Terms, please email us at legal@transcarent.com or write to us at Transcarent, Inc., 4700 S. Syracuse Street, Suite 900, Denver, CO 80237, Attention: Terms of Service Inquiries.